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Technical  and  Bibliographic  Notes/Notes 


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BULLCTIN  No.  33. 

U.  S.  DEPARTMENT  OF  AGRrCULTURE. 

DIVISION  OF  ENTOUOLOOY. 


LEGISLATION  AGAINST  INJURIOUS 

INSECTS;. 


A  COMPILATION  OF  THE  LAWS  AND  RBGULATIONS  IN  THE 
UNITED  STATES  AND  BRITISH  COLUMBIA. 


BT 


t.    O.    HOWARD 

XXTOUOhOQlST. 


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PUBU8HKD  VNDKR  THE  AUTHORITY  OF  THK  81K3BSTART  OF  AOEIGULTURB. 


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WASHINGTOK: 

OOVBBNHENT  PBINTINO  OPFIOa. 
1806. 


1 


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LETTER  OF  SUBMITTAL. 


f 


U.  8.  Depabtit-'nt  of  Agbioultttbe, 

Division  of  Bntomolooy, 
Washington,  D.  C,  January  15, 1895. 

SiB:  I  have  the  honor  to  submit  for  pnblicatiou  Bulletin  No.  33 
of  this  division.  It  comprises  the  comparatively  recent  legislation 
in  Reveral  States  against  injurious  insects.  These  laws  have  been 
brought  together  for  the  information  of  agricultural  and  horticultural 
societies  which  may  be  considering  the  desirability  of  such  legislatiou 
in  their  respective  States. 

BespectAilly,  L.  O.  Howabd, 

Entomologi»t. 
Hon.  Chas.  W.  Dabney,  Jr., 

Acting  Secretary  of  Agriculture. 

8 


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CONTENTS. 


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LlOItLATinN  AOAINHT  iNJIRIOI'l*  InnKCTN—  f$f^ 

PHKrACK  6 

CALirORMIA— 

An  act  to  protect  andproinot«  the  borticnitnral  intereata  of  the  State.         7 

An  act  to  create  and  eatablish  a  State  board  of  horticultufp,  etc 8 

Thetopinion  of  the  Attorney-General  on  the  validity  of  the  connty 

horticultural  law 11 

An  act  amending  an  act  to  create  a  Htate  board  of  hortioaltnre 11 

An  act  to  prevent  the  spreading  of  fmlt  and  iVnit-tree  pesta  and  die- 

easea,  and  to  provide  for  their  uxtirpntiou 12 

An  ordinance  for  the  deHtrut-tion  of  insects  injurious  to  ttnit  and  iViiit 

treoH.     [Keconimendcd  for  adoptiou.] 13 

An  act  to  protect  and  promote  the  horticultural  interests  of  the  State.        14 

Hnperior  court  decision  concerning  county  boards  of  horticulture 16 

ORxaoN— 

An  act  to  create  a  State  board  of  horticulture    u  '   to  appropriate 

money  therefor 18 

An  act  to  detlne  certain  powers  and  duties  of  th(  State  board  of  hor- 
ticulture    21 

An  act  to  prevent  the  sale  *  *  *  and  tran>  ^.^rtation  of  iofnoted  fruit 

or  trees  •  *  •  22 

An  act  to  create  the  office  ind  define  the  duties  "f  tn^tn  hortionltaral 

inspector   »  •  •  28 

WASHIXaTON 26 

Idaho— 

An  act  to  protect  and  promote  the  horticultural  interests  of  the  State 

and  to  destroy  insect  pests  in  orchards  and  elsewhere J7 

New  Jbrsry— 

An  act  to  prevent  depredations  by  insects,  etc 28 

COLOBADO — 

An  act  to  create  State  and  connty  boards  of  horticulture 30 

Regulations  established  by  the  State  board 31 

British  Columbia— 

An  act  to  consolidate  and  amend  the  acts  respecting  the  provincial 

board  of  horticulture S3 

Provincial  board  of  horticulture,  rules  and  regulations 36 

Proposed  amendments .' 89 

MiSSOCRI— 

Emergency  laws  against  the  Rocky  Mountain  locust  or  Western  grass- 
hopper         39 

KaNsa»— 

An  act  to  provide  for  the  destruction  of  grasshoppers,  etc 40 

An  act  providing  for  a  concert  of  action  by  senatorial  districts  for  the 

destruction  of  grasshoppers 40 

Minnesota- 

An  act  to  provide  for  the  destruction  of  grasshoppers  and  their  eggs. .        42 
Nbbrabka— 

An  act  to  provide  for  the  destruction  of  grasshoppers 44 

LKOISLATION  against  "foul  BBOOV'  ' — 

New  York... ,, , 45 

Utah... 45 

6 


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PREFACE 


H- 


The  necessity  for  the  passage  of  laws  euforcing  insecticide  work  and 
providing  for  the  inspection  and  quarantine  of  trees,  shrubs,  fruits, 
and  other  objects  uiwn  which  injurious  inse<;ts  may  be  intrmluced  from 
abroad,  is  no  greater  at  the  i)re.sent  time  than  it  has  been  for  many 
years,  but  the  attention  of  agriculturists  and  horticulturists  is  now 
being  directed  toward  this  necessity  in  a  very  marked  degree.  State 
bodies  of  horticulturists  have  discussed  the  (luestion  at  recent  meet- 
ings, and  there  is  evidentic  of  a  strong  demand  for  such  a  <;oni])ilation 
as  this  bulletin  aims  to  be.  The  publication  in  this  form  of  all  the 
regulations  which  have  been  enacted  or  proposed  will  tbrm  an  easy 
source  of  information  for  those  persons  who  may  be  engaged  in  the 
drafting  of  other  regulations  having  the  same  object  in  view.  They 
need  to  be  able  to  ascertain  readily  what  has  been  done  by  other 
States.  It  would  be  desirable,  if  possible,  to  include  in  this  bulletin 
the  insect  legislation  of  New  Zealand,  the  Australian  colonies,  and  the 
Cape  Colony,  as  well  as  to  give  important  iK>iuts  relative  to  the  laws 
which  have  been  enforced  in  the  cases  of  locust  invasion  in  Bussia,  in 
Cyprus,  in  India,  in  Algeria,  in  South  Africa,  and  in  the  Argentine 
Republic.  Copies  of  these  laws,  however,  are  not  at  hand,  and  while 
an  attempt  has  been  made  to  secure  them,  it  has  been  thought  best  to 
put  the  American  laws  in  print  at  once,  for  possible  immediate  use. 

State  regnlations  regarding  the  Kocky  Mountain  locust  or  Western 
gra8shopi)er,  while  adopted  for  the  specific  purpose  of  fighting  a  par- 
ticular insect  at  a  i)articular  time,  are  nevertheless  added,  as  s&ggest- 
ing  good  legislation  which  may  be  adopted  in  any  future  emergency. 
While  we  have  no  anticipation  of  another  locust  outbreak  in  the  near 
future,  local  damage  to  a  serioaa  amount  is  liable  to  be  brought  about 
almost  any  year;  witness  the  settling  of  a  swarm  of  the  liocky  Moan 
tain  locust  in  Ottertail  County,  Minn.,  in  1.891,  and  the  great  damage 
done  during  the  summer  of  1894  in  Roanoke  County,  Va.,  by  the 
American  locust,  an  account  of  which  is  given  in  Insect  L'fe,  Vol.  VII, 
No.  3. 

Although  hardly  coming  within  the  scope  of  the  title  of  the  bulletin, 

two  sample  laws  against  the  disease  of  the  hive  bee  known  as  "  foul 

brood  "aie  introduced.  ^    ^   „ 

L.  O.  H. 

6 


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LEGISLATION  AGAINST  INJURIOUS  INSECTS. 


;icide  work  and 
sLrubs,  fruits, 
ntroduced  from 
been  for  many 
Ituriste  is  now 
degree.    State 
it  recent  meet- 
h  a  (!<>in])i]ation 
form  of  all  the 
II  form  an  easy 
[engaged  in  the 
in  view.    Tliey 
done  by  other 
in  this  bulletin 
olouies,  and  the 
ive  to  the  laws 
m  in  Bttssia,  in 
the  Argentine 
land,  and  while 
thought  best  to 
nediate  uho. 
ust  or  Western 
lighting  a  par- 
led,  as  sOggest- 
ire  emergency, 
eak  in  the  near 
brought  about 
I  Rocky  Moan- 
great  damage 
r,  V'a.,  by  the 
Life,  Vol.  VII, 

>f  the  bulletin, 
lown  as  '<  ibul 

L.  O.  H. 


CAMPORNIA. 

Chaitkr  LXXV. 

An  net  t«  prat<>ct  and  promote  the  horllcnltiiral  IntereiilH  of  tho  State. 

Tkeptopieof  the  SUite  of  California,  repre»«Hied  in  »eHale  and  anseinblii,  do  enact  at 
/olloH>$: 

Skction  1.  Whenever  a  petition  is  presented  to  the  board  of  supervisors  of  uiiy 
county,  and  signed  by  Ave  or  more  persons  who  ure  resident  freeholders  and  possess- 
ors of  an  orchard,  or  both,  stating  that  certain  or  all  orchards,  or  nurseries,  or  trees 
of  any  variety,  are  infected  with  scale  bug,  codlin  moth,  or  other  insects  thut  are 
destmctive  to  trees,  and  praying  that  a  commission  be  appointed  by  them  whose 
dnty  it  shall  be  to  supervise  their  dostrnctiou,  as  hereinafter  provided,  the  board  of 
supervisors  shall,  within  twenty  days  thereafter,  select  three  commiMioners  for  the 
coanty,  to  l'"  ^■'nown  as  the  county  board  of  horticultural  commissioners.  The  board 
of  superviaors  may  till  any  vacancy  that  may  occur  in  said  commission,  by  death, 
resignation,  or  otherwise,  and  appoint  one  eommissioner  each  year,  one  month  ur 
thereabouts  previous  to  the  expiration  of  the  term  of  oflSoe  of  any  member  of  said 
commission.  The  said  commissioners  shall  serve  for  a  period  of  throe  years  from  the 
date  of  their  appointment,  except  the  commissioners  first  appointed,  one  of  whomshuU 
serve  for  one  year,  one  c  f  whom  shall  serve  for  two  years,  and  one  of  whom  shall 
serve  for  three  years  from  the  date  of  appointment.  The  commissioners  Arst  appoi  nted 
shall  themselves  decide,  by  lot  or  otherwise,  who  shall  serve  one  5'ear,  who  two 

u  ,  years,  and  who  three  years,  and  shall  notify  the  board  of  supervisors  of  the  result 

^  of  their  choice. 

Sbc.  2.  It  shall  be  the  dnty  of  the  county  board  of  horticultural  commissioners  in 
each  county,  whenever  they  shall  be  informed  by  complaint  of  any  person  residing 
in  snob  county,  that  an  orchard,  or  nursery,  or  trees,  or  any  iVnit-packing  house, 
storeroom,  sale  room,  or  any  other  place  in  their  jurisdiction,  is  infested  with  scale 
bug,  codlin  moth,  red  spider,  or  other  noxions  insect  liable  to  spread  contagion 
dangerous  to  the  trees  or  firait  of  complainant,  or  their  eggs  or  larvtH,  injurious  to 
the  flruit  or  ftnit  trees,  they  shall  cause  an  inspection  to  be  made  of  the  said  premises, 
and,  if  found  infected,  they  shall  notify  the  owner  or  owners,  or  the  person  or  peritons 
in  cLarge  or  possession  of  the  said  trees,  or  places,  as  aforesaid,  that  the  same  are 
iufeci«d  with  said  insects,  or  any  of  them,  or  their  eggs  or  larvic,  and  shall  require 
sue!,  person  or  persons  to  disinfect  the  same  within  a  certain  time  to  be  speciHed. 
II,  within  such  specified  time,  such  disinfection  has  not  been  accomplished,  tlio  said 
penioii  or  persons  shall  be  required  to  make  applicaiiion  of  such  treatment  for  the 
pnrt^Kise  of  destroying  them  as  said  commissioners  shall  presc.  'be.  Said  notices  may 
be  served  upon  the  person  or  persons  owning  or  having  charge  or  possession  of  such 
infested  trees,  or  places,  or  articles,  as  aforesaid,  by  any  commissioner,  or  by  any 
person  deputed  by  the  said  commissioners  for  that  purpose,  or  they  may  be  served 
the  .lame  way  as  a  summons  in  a  civil  action.  If  the  owner  or  owners,  or  the  person 
or  persons  in  charge  or  possession  of  any  orchard,  or  nnrsery,  or  trees,' or  places,  or 
articles  infested  with  said  insects,  or  any  of  them,  or  their  larvie  or  eggs,  after 
having  been  notified  as  above  to  make  application  of  treatment  as  directed,  shall 

7 


i 


8 

fail,  lieglect,  or  refniw  so  to  do,  he  or  they  sliall  be  deemed  gniUy  of  ninintaininff  a 
piililit;  iiiiisaDce,  aud  any  such  orchardH.  niiniorieM,  trees,  or  places,  or  articles  tbiiH 
infested  shall  be  ad^jntlKed,  iind  the  same  is  hereby  declared,  a  public  nuisance,  and 
may  be  proceeded  aftainst  as  such.  If  found  guilty,  the  court  shall  direct  the 
aforesaid  county  board  of  horticultural  (rommisaiouers  to  abate  the  nuisance.  The 
expenses  thus  incurred  shall  be  a  lion  upon  the  real  property  of  tho  defendant. 

Skc-.  3.  8aid  county  boanl  of  horticultural  conimifwioners  shall  have  power  to 
divide  the  county  into  distticA,  and  to  appoint  a  local  inspector  for  each  of  s.iid  dis- 
tricts.   Tho  dnties  of  siu-li  local  ins|tectorH  shall  be  prescribed  by  said  county  board. 

Hkc.  4.  It  ithull  be  the  duty  of  the  county  board  ot  commissioners  to  keep  a  record 
of  their  otflci.il  doings  and  to  make  a  report  to  tho  board  of  state  viticultnral  com- 
missioners on  or  before  the  flrst  day  of  November  of  each  year,  who  shall  incorporate 
the  same  in  their  annual  reports. 

.Skc.  5.  It  shall  bo  th'j  duty  of  tho  commissioners iit  laifte,  appointed  by  tho  board 
of  state  viticultural  commissioners  for  such  purpose,  to  recommend,  consult,  and 
act  with  the  county  boards  of  commissiouers,  in  their  reNpi;ctive  counties,  as  to  tho 
most  efficacious  treatment  to  be  adopted  for  the  extermination  of  tiio  aforesaid 
insects,  or  larvic  or  eggn  thereof,  and  to  attend  to  such  other  duties  as  may  be 
necessary  to  accomplish  or  carry  out  t]ie  full  intent  and  menning  of  this  act. 

Sec.  6.  Each  county  conimisHioncr  and  local  inspector  may  be  paid  live  dollars  for 
each  day  actually  engaged  in  the  performance  of  his  duties  under  this  act,  payable 
out  of  the  county  treasury  of  his  county;  provided  that  ho  more  shall  bo  paid  for 
such  services  than  shall  be  determined  by  resolution  of  the  board  of  supervisors  of 
the  county  '•"•  services  actually  and  necessiirily  rendered. 

Skc.  7.  Each  of  said  commissioners  may  select  one  or  more  persons,  without  pay, 
to  assist  him  in  the  disrharge  of  his  duties,  ns  he  mr.y  deem  necessary. 

Skc.  8.  If  any  county  board  of  commissioners,  after  having  received  complayit  in 
writing,  as  provided  for  in  section  two  of  this  act,  shall  fail  to  perform  tho  duties 
of  their  office,  as  required  by  this  act,  they  may  be  removed  Irom  office  by  the  board 
of  supervisors,  and  4L»  vacancy  thu#  formed  shall  lie  filled  in  the  same  manner  as 
provided  for  in  this  act. 

Sec.  9.  Nothing  in  this  a."t  shall  bo  construed  so  as  to  att'ect  vineyards  or  theii 
products. 

Skc.  10.  This  act  shall  take  effect  immediately. 

Approved  March  U,  1881. 

(.'HAPTKU  LXIII. 

An  act  til  <'n«t«  ami  HxtnlilUli  n  «tate  iHianl  of  liortlciilture.  and  appropriate  moony  fnp  the  expenm'a 

thereof. 

The  people  of  the  Stale  of  California,  repretenied  in  tenate  and  amembly,  do  enact  m 
foUotca: 

Section  1.  There  shall  be  a  State  board  of  horticulture,  consisting  of  nine  mem- 
bers, who  shall  be  appointed  by  the  governor,  two  from  the  State  at  large  anil  one 
from  each  of  the  seven  horticnltural  districts,  which  are  hereby  constituted  as 
follows : 

(1)  The  Sonoma  district,  which  shall  include  tho  connties  of  Sonoma,  Marin,  Lake, 
Mendocino,  Humboldt,  Del  Norte,  Trinity,  am)  Siskiyou ;  (2)  The  Napa  district,  which 
shall  include  the  counties  of  Napa,  Solano,  and  Contra  Costa;  (3)  The  «an  Francisco 
district,  which  shall  include  the  city  and  county  of  San  l<YanciBco,  and  the  counties 
of  San  Mateo,  Alame<la,  Santa  Clara,  Santa  Cruz,  San  Benito,  and  Monterey;  (4)  I  ho 


.•••«  ^»<,,iKi,,o  «•  kjiivioiuuuuu,   J  uiiF,  nukicrr,  (^uiiiBS,  oiiiiie, 

, ,  ,  .,  .  ..J  San  .loaquin  district,  which  shall  include  the  connties 

ot  Han  .Joa<^Hin,  Stanislaus,  Merced,  Fresno,  Tulare,  and  Kern;  (7)  The  El  Dorado 
district,  which  shall  include  tho  counties  of  El  Dorado,  Amador,  Calaveras,  Tuo- 
lumne, Mariposa,  Placer,  Nevada,  Yuba,  Sierra,  Plumas,  Lassen.  Motloc,  Alpine,  Mono, 
and  Inyo.  >     r     »  » - 


mt^ 


■■ 


9 


I  ninintaininp:  » 
r  articles  thu8 
'  nuisance,  and 

liall  direct  tbc 
jiaisnuce.    The 
llefondant. 
I«ave  power  to 
>chof8»iddi8- 

I  <-oinit,y  board. 

>  keep  a  record 
jticiiltiiral  com- 
nll  iiicorpnrnte 

il  >>.v  the  hoard 
h  t'onsiilt,  mill 
iities,  ns  to  tbo 
tiio  ttforesaid 
i«'8  ns  may  he 
bin  act. 

livedulbiralhr 
is  act,  payable 
all  bo  ]iaid  for 
MiiporviHonof 

without  pay, 

i  oonipla^t  in 
i>mi  the  duties 
e  by  the  board 
tme  niann<fr  as 

syards  or  thttii 


fur  the  expenm-D 
'.V,  do  enact  lu 

»f  nine  mem- 
argeand  one 
>nstttnted  ac< 

Marin,  Lake, 
stricf,  which 
an  Kruiiciscu 
the  counties 
rey;  (4)  Iho 
uMiia,  Cjanta 
Saoraniontu 
Dliisa,  Bntte, 
the  connties 
)  £1  Dorado 
kveras,  Tuo- 
Ipino,  Mono, 


Src.  2.  The  members  appointed  firoro  each  district  shall  1>e  residents  of  the  dlatriot 
f^om  which  they  are  appointed,  and  shall  be  specially  (|nalifled  by  practical  expe- 
rience and  study  in  connection  with  the  industries  dependent  upon  horticulture. 
They  shall  each  hoUl  office  for  the  term  of  four  years,  except  that  of  the  nine  first 
appointed  four,  to  he  determined  by  lot,  shall  retire  at  the  end  of  two  years,  when 
their  successors  shall  be  appointed  by  i^e  governor. 

S>c'.  8.  The  board  shall  appoint  and  prescrilie  the  dnties  of  a  secretary  who  shall 
not  be  one  of  their  number,  and  elect  of  their  own  nnmlier  a  treasurer,  both  to  hold 
office  during  the  pleasure  of  the  said  board.  The  treasurer  shall  give  a  bond  to  the 
8tate,  with  sureties  approve<l  by  the  said  hoard  in  the  sum  of  ten  thousand  dollars 
for  the  faithful  discharge  of  his  duties. 

Sec.  4.  The  Imard  may  receive,  manage,  use,  and  hold  donations  ami  bequests  for 
promoting  the  objects  of  its  formation.  It  shall  meet  Hominunually,  and  as  nmch 
oftoner  and  at  such  places  as  it  may  deem  ex{>edient  to  consult  and  adopt  such 
measures  as  may  best  promote  the  hcrtioultiiral  industries  of  the  State.  It  may,  but 
without  expense  to  the  State,  select  and  appoint  couipetent  and  qualified  persons  to 
lecture  in  each  of  the  horticultural  districts  named  in  section  1  of  this  act,  for  the 
purpose  of  illustrating  practical  horticultural  topics,  and  imparting  instruction  in 
the  methods  of  culture,  pruning,  fertilizing,  and  also  in  the  best  methods  of  treating 
tlio  diseases  of  fruit  and  fruit  trees,  cleansing  orchards,  and  exterminating  insect 
pests.  The  office  of  the  l>oard  shall  be  kept  open  to  the  public,  subject  to  the  rules 
of  the  board,  every  day,  excepting  legal  holidays,  and  shall  he  in  charge  of  the  sec- 
retary during  the  absence  of  the  board. 

Sec.  5.  For  the  purpose  of  preventing  the  spread  of  ctmtagious  disease  among 
fVuit  and  fruit  trees,  and  for  the  prevention,  treatment,  cure,  and  extirpation  of 
fruit  pests  and  the  diseases  of  fruit  and  fruit  trees,  and  for  the  disinfection  of  grafts, 
scions,  orcliard  d(^bris,  empty  ftuit  boxes  and  packages,  and  other  suspected 
iiMiterinl  or  transportable  articles,  dangerous  to  orchards,  fruit,  nd  fruit  trees, 
said  board  shall  make  regulations  for  the  inspection  and  disinfection  thereof, 
which  said  reKoiations  shall  be  circulated  in  printed  form  by  the  board  among  tue 
fruit  growers  and  fruit  dealers  of  the  State,  shall  be  ]>ublished  at  least  twenty  days 
in  two  daily  newspapers  of  general  circulation  in  the  State  not  of  the  same  city  or 
county,  and  shall  be  posted  in  thrae  conspicuous  places  in  each  county  in  the  State, 
one  of  which  shall  be  at  the  couuty  court-house  thereof.  Such  regulations  when  so 
posted  shall  be  held  to  impart,  notice  of  their  contents  to  all  persons  within  this 
State,  and  shall  be  binding  upon  nil  persons. 

Src.  6.  The  said  board  shall  elect  of  their  own  number,  or  appoint  from  without 
their  number,  a  oomi>etent  person,  especially  qualified  by  practical  experience  iu 
horticulture,  for  the  duties  of  his  office,  who  shall  be  known  as  inspector  of  fruit 
pests  (to  hold  oflBce  at  the  pleasure  of  the  board),  whose  duty  it  shall  be  to  visit  the 
liorticultural  districts  of  the  State,  to  see  that  all  regulations  of  said  board  and  pro- 
visions of  law  to  prevent  the  spread  of  ftnit  pests  and  diseases  of  trees  and 
plants  injurious  to  the  horticultnral  interests  of  the  State,  and  all  regulations  of 
said  board  iu  the  nature  of  quarantining  infected  or  infested  districts,  and  also  all 
rules  and  regulations  of  said  board  concern'  ig  disiufectiou  of  fruits,  trees,  plants, 
grafts,  scions,  orchard  debris,  empty  fruit  bo}  es  aud  packages,  and  other  material 
dangerous  to  orchards,  ft'uit,  and  fti  it  trees  are  enforceil.  He  shall,  also,  whenever 
required,  aud  under  the  direction  of  the  board,  and  may  also,  upon  his  own  motion 
aud  upon  the  complaint  of  interested  parties,  inspect  orchards,  nurseries,  aud  other 
places  suspected,  or  believed  to  be  iafested  with  fruit  pests,  or  infected  with  con- 
tagious disease  injurious  tu  trees,  plants,  or  fruits,  and  ho  shall  report  the  facts  to 
said  board.  If,  upon  report  of  said  inspector,  or  from  well  att'est«d  facts  otherwise 
before  it,  said  board  shall  be  of  the  opinion  that  any  locality,  orchard,  district,  or 
place  is  infested  with  fruit  pests,  or  infected  with  contagious  disease  injnrious  to 
trees,  plants,  or  fruits,  and  liable  to  spread  to  other  localities  to  the  injury  of  other 
persons  or  places,  said  Itoard  shall,  by  an  order  entered  upon  its  niiuntes,  so  declare, 


10 


Hiiid  nnd  ancti  iufested  or  int'ented  iliHti'ict  or  pliire  hIiiiII  ho  under  tho  qnarantine 
riigulutions  of  said  Ixmrd.  Ah  boou,  howevi'i',  na  in  the  opinion  of  snid  inspector 
till!  danger  from  Huch  loculitj'  hna  censed,  he  may  HHspend  Huid  qnarantine  regnla- 
tionH,  and  shall  immediately  re]>ort  the  fiiot  to  trho  hoard,  who  may  approve  or  dia- 
approve  bis  ai-tion.  He  aball,  from  time  to  time,  niid  wht^never  required  by  asid 
board,  report  to  it  auch  informatioit  as  ho  nmy  uuiinirx  from  ohHcrvation,  experience, 
and  otiierwiae  hh  to  the  heat  mode  of  diuiinialiing  anil  prndicating  fruit  peats  and 
diaeasca  from  orchards,  and  also  suggestions  in  jiraoticul  horticulture,  th<«  adaptation 
of  products  to  soil,  rlimatt*,  and  markets,  and  such  otiier  facts  and  information  aa 
sliall  be  calculated  to  improve  the  horticultural  interests  of  the  Stat«. 

Skc.  7.  The  said  board,  and,  in  case  of  necessity,  during  the  recess  of  the  said 
board,  tho  said  inspector  may  appoint  such  (]uarantine  guardians  as  may  be  needed 
to  carry  out  the  provisions  of  this  act,  whose  dutiea  it  shall  he  to  see  that  tho  regu- 
lations of  the  board  and  the  instructions  of  the  inspector  are  enforced  and  carried 
out;  they  shall  also  report  U>  saitl  ins]>ectoT,  or  to  the  State  hoard,  all  infractions  or 
violationa  of  said  directions,  regnlatious,  and  of  the  law  in  roganl  to  quarantine 
disinfection  and  destruction  of  pests,  and  precautions  against  the  H]irea<ling  pesta 
and  diseaaes.  The  salary  of  quarantine  guardians  shall  not  exceed  two  dollars  per 
day,  and  shall  he  paid  by  the  owners  of  orchards  and  other  ]daoi'S  and  localities  under 
qnarantine  regulations,  and  they  may  maintain  an  action  therefor  l)efore  any  justice 
of  tho  peace  in  any  township  in  which  any  quarantine  locality  is  wholly  or  in  part 
situated.     Hut  in  no  case  shall  they  have  any  claim  uxmn  the  State  for  such  services. 

Skc.  8.  It  shall  he  the  duty  of  tho  secretury  to  attend  all  meetings  of  the  board, 
and  to  preserve  records  of  its  proceedings  and  corresjiondence ;  to  collect  hooks, 
pamphlets,  periodicals,  and  other  documents  containing  valnable  information  relat- 
ing to  horticiiltui'e,  and  to  proserve  the  same ;  to  collect  statistics  and  other  infor- 
matiou  showing  the  actual  condition  and  progress  of  horticulture  in  this  State ^nd 
elsewhere;  to  corn  .^ pond  with  agriculture  and  horticulture  societies,  colleges,  and 
schools  of  agriculture  and  horticulture,  and  other  persiins  and  bodies,  as  he  may  be 
directed  by  the  board,  and  jtrepare,  as  required  by  the  board,  reports  for  publication ; 
he  shall  also  act  as  assistant  to  and  obey  the  directions  of  the  Inspector  of  fruit  pesta 
in  the  exercise  of  the  duties  of  his  oHice,  and  shall  be  paid  for  his  services  as  such 
secretary  and  assistant  a  salary  of  not  to  ex(;ced  seventy-five  dollars  per  month. 

Skc.  9.  The  inspector  of  fruit  pests  shall  receive,  as  compensation  for  his  services, 
not  to  exceed  the  sum  of  one  hundred  and  fifty  dollars  per  ru^uth,  and  his  actual 
traveling  expenses  shall  be  allowed,  not  to  exceed  seven  hundred  und  fifty  dollars  per 
annum ;  the  other  members  of  the  said  board  shall  receive  no  compensation  whatever. 

Sec.  10.  The  board  shall,  biennially,  in  the  month  of  .lanuary,  report  to  the  legis- 
lature a  statement  of  its  doings,  with  a  copy  of  the  treasurer's  accounts  for  the  two 
years  preceding  the  session  thereof,  and  abstracts  of  the  reports  of  tho  inspector  of 
fruit  pests  and  secretary.    Said  re])orts  shall  not  exceed  one  hundred  printed  pages. 

Sec.  11.  The  treasurer  shall  receive  all  moneys  belonging  to  the  boanl,  and  pay  out 
tho  same  only  for  bills  ap]>roved  by  it,  and  alinll  annuaily  render  a  detailed  account 
to  the  board. 

Sec.  12.  There  is  hereby  appropriated  for  the  uses  of  the  State  board  of  horticul- 
ture, as  set  forth  in  this  act,  out  of  any  moneys  in  the  State  treasury  not  otherwise 
appropriated,  the  sum  of  Ave  thousand  dollars  for  the  year  commencing  April 
first,  one  thousand  eight  hundred  and  eighty-three,  and  five  thousand  dollars  for  the 
year  commencing  April  first,  one  thousand  eight  hundred  and  eighty-four,  and  the 
State  controller  will  draw  his  warrants  upon  the  State  treasurer  in  favor  of  the 
treasurer  of  said  board  for  the  said  sums,  or  any  part  thereof,  when  they  become 
available,  upon  proper  demand  being  mado  for  tho  same  by  the  said  board. 

Sec.  13.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage,  and 
all  acta  or  parts  of  acts  inconaistent  or  in  conflict  with  the  provisions  of  this  act  aie 
hereby  repealed. 

Approved  March  13,  1883. 


\ 


■wawMiii  - . 


I  qnarantin« 
lid  inspector 
btine  regnla- 
brove  or  dis- 
|ired  by  said 
,  experience, 
lit  pcHtH  and 
|<4  adaptation 
fbmintion  aa 

of  the  said 
ty  be  needed 
lat  the  regn- 
and  carried 
II  fractions  or 
quarantine 
ea<Iing  pests 
dollars  per 
alities  under 
e  any  justice 
ly  or  in  part 
ucli  services, 
f  tbe  board, 
Bllect  hooks, 
nation  relat- 
other  infor- 
lis  State  And 
colleges,  and 
as  he  may  be 
publication; 
of  fruit  pests 
'ices  as  such 
r  month, 
his  services, 
d  his  actual 
y  dollars  per 
>n  whatever, 
to  the  legis- 
I  for  the  two 
inspector  of 
inted  pages, 
and  pay  out 
iled  account 

of  horticnl- 
»t  otherwise 
ncing  April 
liars  for  the 
ur,  and  the 
»vor  of  the 
licy  become 
•d. 

»ssage,  and 
this  act  aie 


■■<«*«»«(»•   • 


11 

Th«  Opinion  of  thk  ATToRNEY-fiBNKRAi.  on  thk  Validitv  or  thk  Countt 

HoRTK-rLTriiAi.  Law. 

OFFIf^E  OF  THE  ATTORNEV-GRNKRAI. 

OF  THE  State  of  California, 
San  Franeinco,  September  S,  1883. 
Dear  8ir:  It  is  my  opinion  that  the  act  of  1881,  entitled  "An  act  to  promote  the 
horticultural  interestsof  the  State,''  is  not  repealed  by  the  act  of  1883,  entitled  "An 
act  to  create  u  State  board  of  hortioulture,"  there  being  no  conflict  between  the  pro- 
visions of  said  acts.  There  is  no  reason  why  the  county  boards  of  horticultural 
commissioners  should  not  exercise  all  their  powers  and  discharge  their  duties  under 
saidactof  1881,  sofar  as  tbe  same  do  not  contlict  or  are  not  inconsistent  with  the 
powers  conferred  upo»  tbe  State  board  of  horticulture  by  the  act  of  1883. 

Very  respectfully, 

K.  C.  MaRsham.,  JttorHeff-Oeneral. 
S.  F.  Chafin,  Esq., 

Intpector  of  Fruit  iV«/«. 

Chaptrk  VII. 

An  act  to  amenU  itectionii  eight,  nine,  ten,  oleven,  and  tirelve  of  an  act  entitled  "An  art  to  create  and 
CNtabliHh  a  State  board  of  hurticnlture.  and  appropriate  iniin(>.v  for  the  expenne  thereof,"  approved 
Marcli  thirteenth,  eij(hteen  hnndrcd  and  nightjr-three. 

The  people  of  the  State  of  California,  represented  in  senate  and  uMemhly,  do  enact  a$ 
follotrs : 

Section  1.  Section  eight  of  said  act  is  hereby  amended  to  read  as  follows : 

"Sec.  8.  It  shall  be  tbe  duty  of  the  secretary  to  attend  all  meetings  of  tbe  board, 
and  to  preserve  records  of  its  proceedings  and  correspondence;  to  collect  books, 
pamphlets,  and  periodicals,  and  other  documents  containing  valuable  information 
relating  to  horticulture,  and  to  preserve  the  samo;  to  collect  statistics  and  other 
information  showing  the  actual  condition  and  progress  of  horticulture  in  the  State 
and  elsewhere ;  to  correspond  with  agricultural  and  horticultural  societies,  college* 
and  schools  of  agriculture  and  horticulture,  and  other  persons  and  bodies,  as  he  may 
be  directed  by  the  board,  and  prepare,  as  required  by  tbe  board,  reports  for  publi- 
o:ition.  He  shall  also  act  as  assistant  to  and  obey  the  directions  of  the  inspector  of 
fruit  pests  in  the  exercise  of  tbe  duties  of  his  office,  and  shall  be  paid  for  his  services 
as  such  secretary  ami  assistant  a  salary  of  one  hundred  and  fifty  dollars  per  month, 
to  bo  paid  as  other  State  otficers." 

Sec.  2.  Section  nine  of  said  act  is  hereby  amended  to  read  as  follows : 

"  Sec.  9.  The  inspector  of  fruit  pests  shall  receive  as  c-onii)eusation  for  Itis  services 
the  sum  of  two  hundred  dollars  per  month,  to  be  paid  as  other  State  officers,  and  his 
actual  traveling  expenses  shall  be  allowed,  not  to  exceed  one  thousand  dollars  per 
annum.  The  members  of  the  board  and  secretary  shall  receive  their  actual  travel- 
ing  expenses  in  attending  semiannual  lueetiugs  of  the  boanl." 

Sec.  S.  Secf  Igii  ten  of  said  act  is  hereby  amended  to  read  as  follows: 

"Sec.  10.  The  board  shall,  biennially,  in  the  month  of  January,  report  to  tbs 
legislature  a  statement  of  its  doings,  with  a  copy  of  the  treasurer's  accounts  for  the 
two  years  preceding  the  session  thereof,  and  abstracts  of  the  report^s  of  the  inspector 
of  fruit  pests  aud  secretary." 

Sec.  4.  Section  eleven  is  hereby  amended  to  read  as  follows: 

"Sec.  11.  The  treasurer  shall  receive  all  moneys  belonging  to  the  board,  and  pay 
out  the  same  only  for  bills  approved  by  the  chairman  of  the  finance  committee,  and 
shall  annually  render  a  detailed  account  to  the  board." 

Sec.  5  (section  12).  There  is  hereby  appropriated  for  the  uses  of  the  State  board  of 
horticulture,  as  set  forth  in  this  act,  out  of  any  moneys  in  the  State  trecsury  not 
otherwise  appropriated,  the  sum  of  ten  thousand  dollars  for  the  year  commencing 
April  first,  one  thousand  eight  hundred  and  eighty-five,  and  ten  thousand  dollars  for 
the  year  commencing  April  first,  one  thoasaud  eight  hundred  and  eigbty-six,  and 


12 


the  Stat«  comptroller  will  draw  liis  warrant  tipon  the  State  treaaorer  in  favor  of  the 
treasurer  of  said  board  tor  thu  said  hiidis,  or  any  part  thereof,  when  they  become 
available,  upon  proper  demand  tieing  made  for  the  same  by  the  said  board. 

Skc.  6.  This  act  shall  take  effect  immediately. 

Approved  February  18, 1885. 

Chaptkk  XXXVI. 

An  act  to  prevent  the  Kpreadtng  of  fVult  anil  tVuit-tn^n  p«i«tii  and  <liK(<fl»f>R,  ami  to  provide  for  their 

i*ktirpation. 

The  people  of  thu  State  of  CaliforHta,  repretented  in  lenate  and  attemblfi,  do  enaet  at 
foUowt: 

Sbrtion  1.  It  shall  be  the  duty  of  every  owner,  possessor,  or  occupier  of  an 
orchard,  nursery,  or  land  wliere.fruit  trees  are  grown  within  this  State,  to  disinfect 
all  fruit  trees  grown  on  such  lands  infested  with  any  insect  or  iuseitts,  or  the  germs 
thereof,  or  infested  by  any  contagious  disease  known  to  be  injurious  to  fruit  or  tVuit 
trees,  before  the  removal  of  the  same  from  such  premiHes  frr  sale,  gift,  distribution, 
or  transportation.  Fruit  boxes  which  have  been  used  for  shi|tpiug  fruit  to  any  des- 
tination are  hereby  required  to  be  disinfected  previous  to  their  being  again  used  for 
any  purpose ;  all  boxes  returned  to  any  orchard,  storeroom,  salesroom,  or  any  place 
uaed  or  to  be  used  for  storage,  shipping,  or  any  other  purpose,  mnst  be  disinfected 
within  three  days  after  their  return ;  and  any  and  all  persons  failing  to  comply  with 
the  requirements  of  this  section  shall  be  guilty  of  tt  misdemeanor.  All  packages, 
knowu  as  i^ee  packages,  must  be  destroyed  or  disinfected  before  being  again  used. 

Sec.  2.  It  shall  bo  the  duty  of  the  owner,  lessee,  or  occupier  of  any  orchard  within 
this  State  to  gather  all  firuit  infested  by  the  insects  as  the  codliu  moth,  peach  moth, 
red  spider,  plum  weevil,  and  kindred  noxious  insects,  their  larvie  or  pupw,  which 
has  fallen  from  the  tree  or  trees,  as  often  as  once  a  week,  and  <lispose  of  or  destroy 
the  same  in  such  a  manner  as  to  effectually  destroy  all  such  insects,  their  larvn  or 
pupiB.  It  shall  be  the  duty  of  the  inspector  of  fruit  pests,  or  the  quarantine 
guardian,  to  inspect  fhiit  packages,  »ad  all  trees  and  plants,  onttings,  grafts,  and 
scions,  known  or  l)elieved  to  be  infested  by  any  insect  or  insects,  or  the  germs  thereof, 
or  their  eggs,  larvffi,  or  pnpie,  ii^urions  to  fruit  or  ftuit  trees,  or  infested  with  any 
disease  liable  to  spread  contagion,  imported  or  brought  into  this  State  from  any 
foreign  country,  or  from  any  of  the  United  States  or  territories,  and  if,  npon  inspec- 
tion, such  fk-nit  or  fruit  packages  are  found  to  be  infested  or  infected,  it  shall  he  a 
misdemeanor  to  offer  the  same  for  sale,  gift,  distribution,  or  transportation,  unless 
they  shall  be  first  disinfected. 

Sbc.  3.  Every  person  shipping  fruit  trees,  scions,  cuttings,  or  plants,  ftom  any 
orchard,  nursery,  or  other  place  where  they  were  grown  or  produced  shall  place  upon 
or  securely  attach  to  each  box,  package,  or  parcel  containing  such  fruit  trees,  scions, 
cuttings,  or  plants,  a  distinct  mark  or  label,  showing  the  name  of  the  owner  or 
shipper,  and  the  locality  where  produced.  And  any  person  who  shall  oause  to  be 
shipped,  transported,  or  removed  from  any  locality  declared  by  the  State  board  of 
horticulture  to  be  infested  with  A-uit-tree  or  orchard  pests,  or  infected  with  con- 
tagions diseases  ii^jurious  to  trees,  plants,  or  fruits,  unless  the  same  shall  have  been 
previously  disinfected,  shall  be  guilty  of  a  misilemeanor.  Disinfection  shall  be  to 
the  satisfaction  of  the  State  board  of  horticulture,  or  the  inspector  of  tVuit  pests. 
When  disinfected,  the  fact  shall  be  stamped  upon  each  box,  package,  or  separate 
parcel  of  firuit  trees,  scions,  cuttings,  or  plants;  and  any  person  who  shall  cause  to 
he  shipped,  transported,  or  removed,  any  such  box,  parcel,  or  package,  from  any 
quarantine  district  or  locality,  not  bearing  such  stamp,  shall  be  guilty  of  a  misde- 
meanor, and  may  be  punished  by  a  fine,  as  provided  in  section  six  of  this  act.  Any 
person  who  shall  falsely  cause  such  stamp  to  l>e  used,  or  shall  imitate  or  counterfeit 
any  stamp  or  device  used  for  such  purpose,  shall  be  guilty  of  a  misdem9anor. 

Src.  4.  It  shall  be  the  special  duty  of  each  member  of  the  State  board  of  horticul- 
ture to  see  that  tht  provisions  of  this  act  are  carried  out  within  his  respective 
horticultural  district,  and  all  offenders  duly  punished. 


n 


favor  of  th« 
{ they  b«ooiue 


|rovid«  for  their 

ft  do  enact  a$ 

iupier  of  au 
[  to  disiofec't 
or  the  geruis 
Jfruit  or  fruit 
distribntiou, 
t  to  any  des- 
Jitin  used  for 
or  any  place 
disinfected 
comply  with 
^U  packages, 
again  used, 
ihard  within 
peach  moth, 
pupw,  which 
f  or  destroy 
Bir  larva  or 
quarantine 
s,  grafts,  and 
trnis  thereof, 
ed  with  any 
tte  from  any 
>pon  inspec- 
it  shall  be  a 
ttiou,  unless 

),  ftom  any 
place  upon 
ees,  scions, 
>  owner  or 
ause  to  be 
*  board  of 
with  con- 
have  been 
ihall  be  to 
l*uit  pests. 
r  separate 
1  cause  to 
flwm  any 
'  a  misde- 
aot.    Any 
ouuterfeit 
lor. 

horticnl- 
'eapeotiva 


? 


13 

Sic.  5.  All  f^uit  trees  infested  by  any  insect  or  insects,  their  germs,  larr*,  or 
pupw,  or  infected  by  disease  known  to  be  injurious  to  fVnit  or  ftutt  trees,  and  liabla 
to  spread  contagion,  must  be  cleaned  or  disinfected  before  the  first  day  of  April, 
eighteen  hundred  and  eighty-five,  and  on  or  before  the  first  day  of  April  of  every 
Nucceetliug  year  thereafter.  All  owners  or  occupants  of  lands  on  which  fruit  trees  are 
grown  failing  to  comply  with  the  provisions  of  this  section  shall  be  guilty  of  a  mis- 
demeanor, and  fined  as  provided  for  in  section  six  of  this  act.  All  frnit  packages, 
trees,  plants,  cuttings,  grafts,  and  scions,  that  shall  not  be  disinfected  within 
twenty- four  hours  after  notice  by  the  inspector  of  fruit  pests  or  a  duly  appointed 
quarantine  guardian  or  any  member  of  the  board  of  horticulture,  shall  be  liable  to 
be  proceeded  against  as  a  public  nuisance. 

Sec.  6.  Auy  person  or  corporation  violating  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction  thereof,  be  punishable 
by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for 
every  offense. 

Approved  March  10, 1885. 

An  ordmanoe  fur  the  destrnotion  of  fnwots  ii^urioim  to  frolt  and  fTnit  tree*. 
[Recommended  for  adoption.] 


The  hoard  of  $Hpervi»or»  of  the  cottNty  of 


do  ordain  a»  follow*: 


Section  1.  Whenever  a  petition  is  presented  to  the  board  of  supervisors  of - 


County,  signed  by  five  or  more  persouH,  who  are  resident  freeholders  and  possessors 
of  un  orchard,  stating  that  certain  or  all  orchards  or  trees  of  any  variety  are  infected 
with  scale  bug,  codlin  moth,  or  other  insect*  that  are  destructive  of  trees,  and  asking 
the  appointment  of  a  commission  to  supervise  the  destruction  of  such  insects,  the 
board  of  supervisors  shall,  within  twenty  days  after  such  petition  is  presented  to  the 
board,  appoint  three  commissioners  for  the  said  county,  to  be  known  us  the  county 
board  of  horticultural  commissioners. 

Sec.  2.  The  commissioners  shall  hold  their  otHco  fur  the  term  of  three  years,  and 
until  their  successors  arequalified;  except  that  of  the  commissioners  first  appointed 
one  shall  hold  for  one  year,  one  for  two  years,  and  the  third  for  three  years.  The 
commissioners  first  appointed  shall  decide  by  lot  which  of  them  shall  hold  for  one 
year,  which  for  two  years,  and  which  for  three  years.  After  the  first  commissioners 
are  appointed  the  board  of  supervisors  shall  appoint  one  commissioner  every  year, 
snch  appointment  to  be  made  one  month,  or  thereabouts,  before  the  commencement 
of  the  term  of  the  appointed. 

Sec.  8.  Any  vacancy  which  may  f^om  any  cause  occur  in  the  commission  shall  be 
filled  by  appointment  of  the  l>oard  of  supervisorti.  The  appointee  to  fill-  a  vacancy 
shall  hold  for  the  balancf)  of  the  unexpired  term. 

Sec.  4.  Whenever  the  county  board  of  horticultural  commissioners  shall  be 
informed  by  complaint  in  writing  of  any  person  residing  in  said  county  that  au 
orchard,  nursery,  or  trees,  or  any  place  in  their  jurisdiction,  is  infested  with  scale 
ling,  codlin  moth,  red  spider,  or  other  noxious  insects,  liable  to  spread  coutagion 
dangerous  to  the  trees  or  frnit  of  the  complainant,  or  their  eggs  or  larvie  iujurious 
to  fruit  or  fruit  trees,  they  shall  cause  inspection  to  be  made  of  the  said  premises, 
and  if  found  infested  they  shall  notify  the  owner  or  owners,  or  the  persons  or  person 
in  charge  or  possession  of  the  said  trees  or  place,  that  the  same  are  infected  with  the 
said  insects,  or  any  of  them,  or  their  eggs  or  lurvtc,  and  shall  require  such  person  or 
persons  to  disinfect  the  same  within  such  reasonable  time  as  they  may  direct,  to  bo 
specified  in  the  notice ;  such  notice  may  be  served  by  any  commissioner  or  any  person 
deputed  by  the  commissioners  for  that  purpose,  and  shall  lie  serve  d  by  delivering  a 
copy  thereof  to  such  owner  or  persons  having  charge  thereof,  personally;  providi-d, 
that  when  any  person  other  than  the  owner  is  in  possessiim  or  charge  of  Hiich  place 
the  notice  shall  be  served  upon  the  owner,  if  within  tlio  coimty,  as  well  as  the  per- 
son so  in  charge  or  possession  uf  such  premises. 


ii*ii.i'iili!i''ii 


1^ 


14 

Hkc  T).  If  within  the  timA  Bpcolfled  in  Hsid  notice  iinch  diainfeotion  has  not  been 
ftocomplished,  then  such  person  or  persons  shall  be  required  by  notice,  to  be  served 
M  hereinbefore  provided,  to  make  application  of  such  treatment,  applied  in  snob 
manner  and  within  such  time  as  the  commissioners  may  prescribe,  but,  subject  to 
the  general  laws  of  the  State  of  California. 

Sec.  6.  If  the  person  so  notiHet.^  shall  fail  to  disinfect  such  places  or  to  apply  such 
treatment  iu  che  manner  and  withiU  the  time  prescribed  in  the  notice,  such  orchards 
or  nnrsericH,  or  places,  shall  be  deemed  a  public  nuisance,  and  may  be  proceeded 
Bffainst  iu  any  court  of  competent  Jurisdiction,  and  abated  as  such  nuisance,  either 
by  the  disinfection  of  such  place  under  the  direction  of  said  commission  or  other 
public  authority,  or  by  the  destruction  thereof,  when  necessary  to  prevent  the 
spread  of  such  disease  or  pest, 

8kc.  7.  The  cost  and  expense  of  such  proceedings  for  the  compulsory  disinfection 
of  such  premises,  including  the  expenses  of  disinfection  when  ordered,  shall  be  a  lien 
upon  said  premises. 

Sec.  8.  Said  board  of  oommimtioners  shall  have  the  power  to  divide  the  county 
into  districts  and  appoint  a  local  inspector,  for  each  district,  who  shall  perform  such 
duties  as  may  be  require«l  of  him  by  the  board  of  commissioners. 

Skc.  9.  Sold  county  board  of  horticultural  commissioners  shall  perform  such  other 
duties  as  may  b«  prescribed  by  law,  and  for  a  failure  to  perform  such  duties  or  any 
of  their  duties,  they  may  be  removed  by  the  board  of  sii  isors  ujion  complaint  in 
writing. 

Skc.  10.  Each  commissioner  shall  receive doha  -i  per  day,  und  each  local 

inspector dollars  per  day  for  his  services  for  each  day  in  which  such  commis- 
sioner or  inspector  is  actually  engaged  in  the  performance  of  his  duties;  provided 
that  the  total  amount  of  expenditure  for  services  of  commissioners  and  inspectors 

shall  not  exceed  in  any  one  year  the  sum  of dollars,  without  a  special  order 

of  this  board  to  that  effect. 

8e»'.  11.  This  ordinance  shall  take  ett'ect  and  be  In  force  from  and  after  the 

,lay  of ,  A.  D.  eighteen  hnndr«I  and  eighty j  and  prior  to  said  day  shall 

be  published,  with  the  names  of  the  members  voting  for  and  against  the  same,  for 
at  least  one  week  in  the ,  a  newspaper  published  in  said  county. 

Dated ,  188-.  . 


Chairmau  of  tke  hoard. 


Attest : 


Clerk. 


An  act  U>  protect  and  promote  the  hortlonltnnil  Intflrestn  of  the  Ststo.    (Approvetl  March  14, 1881; 
amended  by  an  act  approvMl  March  19, 1889.) 

The  people  oj  the  State  of  California,  repreeented  in  senate  and  aetembly,  do  enact  af 
follows: 

Section  1.  Section  one  of  said  act  is  hereby  amended  so  as  to  read  as  follows : 
"Section  1.  Whenever  a  petition  is  presented  to  the  board  of  supervisors  of  any 
county,  and  signed  by  twenty-five  or  more  persons  who  are  resident  freeholders  and 
possessors  of  an  orchard,  or  both,  stating  that  certain  or  all  orchards  or  nurseries,  or 
trees  of  any  variety,  are  infested  with  scale  insects  of  any  kind,  ii^urious  to  IVuit, 
fruit  trees,  and  vines,  codlin  moth,  or  other  insects  that  are  destructive  to  trees, 
and  praying  that  a  commission  be  appointed  by  them,  whose  duty  it  shall  be  to 
supervise  their  di^struction  as  herein  provided,  the  board  of  supervisors  shall, 
within  twenty  days  thereafter,  select  three  commissioners  for  the  county,  to  be  known 
as  a  county  board  of  horticultural  commissioners.  The  board  of  supervisors  may  flU 
any  vacancy  that  may  occur  in  Baid  commission  by  death,  resignation,  or  otherwise, 
and  appoint  one  commissioner  each  year,  one  month,  or  thereabouts,  previous  to  the 
expiration  of  the  tenu  of  office  of  any  member  of  said  commission.  The  said  coni- 
missiouers  shall  servo  for  a  period  oi  three  years  from  the  date  of  their  appointment, 


n 


lias  Dot  been 

to  be  served 

l>p]ied  in  snob 

l>nt,  subjeot  to 

'  to  apply  such 
[  such  orchards 
■  be  proceeded 
lifiance,  either 
|s8ion  or  other 
prevent  the 

|ry  disinfection 
I,  shall  be  a  lien 

Ide  the  county 
11  perform  such 

brm  such  other 

duties  or  any 

n  complaint  in 

■tud  each  local 
1  such  commis- 
ities;  provide<l 
and  inspectors 
a  special  order 

I  after  the 

said  day  shall 
t  the  same,  for 


I  of  the  board. 


(lark. 
*l  March  14,  1881; 

My,  do  enact  at 

m  follows : 
rvisors  of  any 
eeholders  and 
r  nurseries,  or 
rlous  to  ftiiit, 
tive  to  trees, 
it  shall  be  to 
rvisors  shall, 
r,  to  be  known 
isors  may  fill 
or  otherwise, 
■evious  totJie 
he  said  c<>ni- 
iippointmeut, 


15 

* 

except  the  oommissioners  flrst  appointed,  one  of  whom  shall  serve  for  one  year,  and 
one  of  whom  shall  serve  lor  two  years,  and  one  of  whom  shall  serve  for  three  years, 
from  the  date  of  appointment.  The  commissioners  first  appointed  shall  themselves 
decide,  by  lot  or  otherwise,  who  shall  servo  for  one  year,  who  shall  serve  for  two 
years,  and  who  shall  shall  serve  three  years,  and  shall  notify.thu  board  of  supervisors 
of  the  result  of  their  choice." 
Skc.  2.  Section  two  of  said  act  is  hereby  amended  so  as  to  read  as  follows : 
"8kc.  2.  It  shall  be  the  duty  of  the  county  board  of  horticultural  commissiouert 
in  each  county,  whenever  it  shall  deem  it  necessary,  to  .>nusean  inspection  to  be  uiatle 
of  any  orchard,  or  nursery,  or  trees,  or  any  frnit-paeking  house,  storeroom,  sales- 
room, or  any  other  place  in  their  JurUuliction,  and  if  found  infested  with  scale  bug, 
eodlin  moth,  or  other  insect  pests  injurious  to  fruit,  trees,  and  vines,  they  shall 
notify  the  owner  ur  owners,  or  person  or  persons  in  charge  or  possession  of  said  trees 
or  place  as  aforesaid,  that  the  same  are  infectetl  with  Maid  insects,  or  any  of  them, 
or  their  eggs  or  larvte,  and  they  shall  require  such  person  or  persons  to  disinfect  or 
destroy  the  same  within  a  certain  time,  to  be  si>ecifled.  If  within  such  speeihed 
time  such  disinfection  or  destruction  has  not' been  accomplished,  the  said  person  or 
persons  shall  be  required  to  make  application  of  such  treatment  for  the  purpose  of 
destroying  them  as  said  conmiissioners  may  prescribe.  Said  notices  may  be  served 
npon  the  person  or  x>ersons  owning  or  having  charge  or  possession  of  such  infested 
trees,  or  places,  or  articles,  as  aforesaid,  by  any  commissioner,  or  by  any  person 
deputed  ^^^  tao  said  commissioners  for  that  purpose,  or  they  may  be  served  in  the 
same  manner  as  a  summons  in  a  civil  acticm. 

"If  the  owner  or  owners,  or  the  person  or  persons  in  charge  or  possession  of  any 
orchard,  or  nursery,  or  trees,  or  places,  or  articles  infested  with  said  insects  or  any 
of  them,  or  their  larvie  or  eggs,  after  having  l)eeu  notified  as  above  to  destroy  the 
same,  or  make  application  of  treatment  as  directed,  shall  fail,  neglect,  or  refuse  so 
to  do,  be  or  they  shull  be  deemed  guilty  of  niaiutaiuiug  n  public  nuisance,  and  uny 
such  orchards,  nurseries,  trees,  or  places,  or  articles  thus  infested,  shall  be  adjudged 
and  the  same  is  hereby  declared  a  public  nuisance,  and  may  be  proceeded  against  as 
such.  If  found  guilty,  the  court  shull  direct  the  aforesaid  county  board  of  horticul- 
tural comniissionei'H  to  abate  the  nuisance.  The  expenses  thus  incurred  may  be  a 
lien  upon  the  real  property  of  the  defendant." 
Sec.  3.  Section  three  of  said  act  is  amended  so  as  to  read  as  follows: 
"Skc.  3.  Said  county  boards  of  horticultural  commissioners  shall  have  power  to 
divide  the  county  into  districts,  and  to  appoint  u  local  inspector  for  each  of  said 
districts.  The  Btate  board  of  horticulture,  or  the  quarantine  officer  of  said  board, 
shall  issne  commissions  as  quarantine  guardians  to  the  members  of  said  county 
boards  of  horticultural  commissioners,  and  to  the  local  inspectors  thereof.  The  said 
quarantine  guardians,  local  inspectors,  or  members  of  said  county  boards  of  horti- 
cultural commissioners,  sb.ill  hare  full  authority  to  enter  into  any  orchard,  nursery, 
or  place  or  places  where  trees  or  plants  are  kept  and  offered  -for  sale,  or  otherwise, 
or  any  house,  storeroom,  sales  room,  depot,  or  any  other  such  place  in  their  juris- 
dictfon,  to  inspect  the  same,  or  any  part  thereof. " 
Sec.  4.  Section  four  of  said  act  is  hereby  amended  so  as  to  read  as  follows: 
''  Sec.  4.  It  shall  be  the  duty  of  said  county  board  of  horticultural  commissioners 
to  keep  a  record  of  their  official  doings,  and  to  make  a  report  to  the  State  board  of 
horticulture  on  or  before  the  first  day  of  October  of  each  year,  of  the  condition  of 
the  trait  interests  in  their  several  districts,  what  is  being  done  to  eradicate  insect 
pests,  also  as  to  disinfecting,  and  as  to  quarantine  against  insect  pests  and  diseases, 
and  as  to  carrying  out  all  laws  relative  to  the  greatest  good  of  the  fruit  interest. 
Said  board  shall  publish  said  re]M>rts  in  bulletin  form,  or  may  incorporate  so  much 
of  the  same  lu  their  annual  reports  as  may  be  of  general  interest." 
Src.  5.  Section  five  of  said  act  is  hereby  amended  so  hs  to  read  as  follows : 
"Skc.  5.  Kach  member  of  the  county  board  of  horticultur.-il  conmiissioners,  and 
each  local  inspectori  shall  be  paid  for  each  day  actually  engaged  tn  the  perlornuuico 


S-i 


''la 


10 

of  hia  dntieii  undftr  thin  apt,  pnynbln  out  of  the  ronnty  treMnry  of  liin  I'onnty,  mich 
oompensation  on  shall  be  <letflriuine<l  by  reauliitiou  of  the  lioard  uf  miptirvittoNof  the 
county  before  entering  into  the  iliHchiirKe  of  hia  or  their  dutiea." 

Skc.  (I.  8<*ctlon  aix  of  aaid  act  ia  hereby  amended  a<>  as  to  read  tia  follows : 

"Hbc.  0.  8aid  connty  boarda'of  horticultural  conimiMtionttra  ahall  have  power  to 
remove  any  local  iiiapeutor  who  ahall  fail  to  perform  the  dutlea  of  hia  oHice." 

Hkc.  7.  (Repealed). 

8kc.  8.  Section  eight  ia  hereby  n'mended  ho  hm  to  rend  ua  followa,  and  to  be  known 
as  section  seven  of  said  act,  viz: 

"Skc.  7.  If  any  member  of  the  connty  board  of  horticultural  commiaaioncra  ahall 
fail  to  perform  the  dntiea  of  hia  olHce,  ua  required  by  thin  act,  he  may  be  removed 
IVom  ofllce  by  the  board  of  au|>erviHora,  and  thevuc.kiicy  thus  formed  Hhall  be  filled 
'by  appointment  by  the  board  ef  anperviaora." 

Skc.  0.  Hection  nine  of  aaid  act  is  hereby  amuuded  ao  aa  to  read  aa  follows,  and 
to  lie  known  as  section  eight  of  said  act,  viz : 

"Skc.  8.  It  ahall  bo  the  duty  of  the  county  board  of  horticnltnral  commiaaiouers 
to  keep  a  record  of  their  ofticial  doinga,  and  to  make  a  monthly  report  to  the  lioard 
of  anperviaora,  aud  the  board  of  anperviaora  may  withhold  warrant  for  salary  of 
said  members  and  inspectors  thereof  until  aucL  time  us  said  report  is  miMle." 

8kc.  10.  A  new  section  is  hereby  ad<le<l  to  aaid  act,  to  be  known  as  section  nine, 
and  to  read  as  follows,  viz : 

"Skc.  0.  All  acta  or  parta  of  acta  in  contllct  with  the  ]iroviaioiia  of  this  act  are 
hereby  repealed." 

8bc.  11.  This  act  ahall  take  effect  and  be  in  force  from  and  afterdta  paaaage. 


SlTPERIOK  CoUIlT   DKOIHION. 

AppoliilmeHt  of  county  hoardt  of  horlicHltural  <-oiiimi»aioner»  maudatory,     , 

Hon.  John  O.  Freaaley,  Judge  of  the  auperior  court  of  Sonoma  Connty,  on  the  19th 
of  June,  1889,  rendered  the  following  dcciaion,  in  which  the  validity  of  the  ut-t 
directing  the  litoards  of  anperviaora  to-eatabliah  county  boarda  of  horticultural  com- 
niiaiionera  ia  auatnined : 

K.  A.  Rogers  r.  The  Hoard  of  Supervisors  of  Sonouui  ('<mnty. 

.lohn  Gosa,  caij.,  attorney  for  plaintit). 

On  the  19th  of  March  nu  act  of  the  legialature  wua  approved,  entitled  "An  act  to 
amend  tin  act  entitled  'An  act  to  protect  and  promote  bortitnltural  interests  of  the 
State,'  approved  March  14,  1881." 

This  act  (of  March,  1889)  provides  that  "  Whenever  a  petition  ia  preaented  to  the 
board  of  anperviaora  of  any  county,  and  aigned  by  twenty-Hve  or  more  persons  who 
are  resident  freeholders  and  jioaaeaaora'of  an  orchard,  or  both,  stating  that  certain  or 
all  orcharda,  or  uuraeriea,  or  treea  of  any  variety,  are  infeated  with  scale  iuaeots  that 
are  destructive  to  treqs,  and  praying  that  a  comihiaaion  lie  appointed  by  them, whose 
duty  it  shall  lie  to  sapervise  their  deatructiun  iia  herein  provided,  the  board  of  anper- 
viaora shall,  within  twenty  days  thereafter,  select  three  commiaaionera  from  the 
county,  to  be  known  oa  a  county  board  of  horticnltnral  commiaaionera." 

The  ditties  of  the  board  so  appointed  are  declared  by  the  act.  It  appears  from  the 
complaint  that  m  aocordance  with  this  act,  a  petition  was  presented  to  and  filed 
with  the  board  of  supervisors,  signed  by  this  plaintiff  and  twenty-aix  other  persons 
possessing  the  qualifications  prescribed  by  tlie  act,  praying  for  the  appointment  of  a 
county  board  of  horticultural  commissioners  for  Sonoma  County,  and  a  demand  was 
made  on  the  supervisors  that  they  carry  into  effect  the  provisions  of  the' act  and 
appoint  the  commissioners. 

The  board  refused  to  appoint  commissionera. 

Twenty  days  have  expired  since  the  filing  of  the  petition. and  the  demand  for 
action  upon  it,  and  still  the  board  of  supervisors  refuse  and  neglect  to  make  any 
selections  or  appointment  of  commissioners. 


,. 


wm 


17 


In  <oiinty,  nnch 
l(!rviiiur«of  the 

lllowN: 

Ihiivo  |tuwer  to 

lomoe." 

<l  to  bo  kuown 

fiMioii<>ra  tlinll 

»y  bo  TDmovMl 

Nhnll  be  flilod 

|m  folio wb,  and 

oominiMioiiora 
•t  to  tho  bdiird 

for  italary  of 
nwle." 

aectioii  iiine, 

of  this  act  are 
puKsaKo. 


datory.     . 

ty,  on  the  19th 
ty  of  tho  uct 
ioiiltural  coni- 


0*1  "An  act  to 
iterests  of  the 

Bsouted  to  the 
I  persons  who 
hat  certain  or 
e  iuseots  that 
y  tbeiu,  whose 
ard  of  super- 
ers  fh>in  the 

ears  ftotu  the 
to  and  61ed 
>tber  persons 
>intmeHt  of  a 
demand  was 
the' act  and 


<leniand  for 
uuake  any 


This  action  is  lirongbt  for  a  writ  of  mandate  compelling  tho  board  of  snperviiiors 
to  maico  tbo  seloction  luid  itppointment  tis  rei|uired  of  them  liy  tho  act. 

A  demurrer  has  been  intorptwetl  to  the  complaint,  and  in  support  thereof  it  is 
roil  tended : 

First.  That  tho  act  of  14th  of  March,  1881,  of  which  tho  act  of  19th  of  March  is 
lunendntory,  wus  repealed  by  nn  act  approved  13th  of  March,  1883,  which  provides 
for  the  appointment  by  the  governor  of  ii  8tnto  board  of  horticultnro,  and  that  in 
conHeqiieiiee  of  tho  u<;t  of  1881)  being  amendatory  of  a  reiteahtd  statute  it  is  nugatory. 

The  iM-t  of  1KM3  doeH  not,  in  lixpress  tonus,  repeal  tho  act  of  1881,  nor  Is  that  act 
else  whore  expresHly  repealed.  It  is  a  well  settled  legal  principb.  ihat  repeals  by  impli- 
ratioii  nre  not  favored.  A  snbsoiinent  act  does  not,  by  implication,  repeal  a  prior 
Mtntiite  iiiiless  the  snbseiiiieut  one  entirely  covers  the  provisions  of  the  flrst.  and  so 
irompletely  that  every  portion  of  the  first  is  pmvided  for  by  the  second.  There  must 
api>ear  an  intent  to  rntirely  substitute  one  for  the  other. 

Says  Bishop  in  bib  Wijrk on  statutory  oriines,  section  154:  "Webaveseen  that  every 
logisliitive  act  in  afflrmiitive  words  is  to  lie  regarded,  )iriniii  facie,  iis  an  addition  to 
the  mass  of  the  law;  for  such  on  its  fnce  it  purports  to  be.  Yet,  when  it  is  incon- 
sistent with  the  former  law,  it  must,  as  the  lust  expression  of  the  legislative  will, 
prevail.  But  repeals  by  implication,  thus  explained,  are  not  favored,  And  a  legis- 
lative intent  to  repeal  an  existing  statute  is  not  presumed.  If  two  acts,  seeming  to 
lie  repugnant,  can  be  reconciled  by  any  fair  construction,  they  must  be,  when  no 
repeal  will  be  hold  to  take  place.'' 

The  Slime  prinoipio  is  laid  down  by.,)ndge  Field  in  tho  ease  of  I'ierrepont  v.  Crouch 
(10Cnl..316). 

There  are  numerous  other  authorities  to  the  same  efl'eet. 

Is  there  any  iqiiiareut  intent  to  sulistituto  <uie  of  these  acts  for  the  other,  or  such 
ropugnuuce  as  would  destroy  tho  first  f  Let  us  see.  The  first  provides  for  a  county 
board  of  liorticnltnre ;  tbo  sneond  for  a  Htato  board.  The  first  pre^eribed  duties  to 
be  performed  by  county  boards  of  supervisors;  the  second  prostribed  duties  to  be 
discharged  by  the  governor.  The  first  provides  for  aJboard  of  three  commissioners 
with  local  juris4lictiou;  the  second  for  a  board  of  nine  commicsioners  with  a  Juris- 
diction coextensive  with  the  State.  The  first  authorizes  boards  created  by  its 
authority  to  divideconuties  into  districts;  the  second  creates  districts  composed  of 
several  counties.  The.first  reipiires  duties  to  bo  performed  by  county  boards  which 
are  not  required,  by  the  second  of  the  State  board.  For  instance:  The  first  provides 
for  proceedings  againnt  persons  who,  after  notice,  fail  or  refuse  to  treat  infested 
trees  as  directed  by  the  board,  and  a  destruction  of  trees  by  snob  board  when 
directed  by  a  eonrt.  No  such  proceedings  an<l  destruction  are  provided  for  by  the 
second.  Tliere  are  other  ditTerenecs  between  the  two  acts  which  might  be  pointed 
ont,  but  these  are  sufllcient  to  show  that  there  is  no  such  similarity  in  the  powers 
of  the  boards  created  by  them  us  would,  necessarily  cause  a  r  'let  between  these 
boards,  or  would  Justify  a  court,  iii  holding  tliat  one  act  repeals  the  other.  I  must, 
therefore,  hold  that  the  act  of  1881  was  not  repealed  by  the  act  of  1883,  and  was 
in  full  force  when,  the  amendatory  act  of  1889  was  passed.  Tho  act  of  1883  is  an 
addition  to  tho  then  existing  legislation,  and  not  a  substitate  for  the  act  of  1881. 

Second.  It  was  contended  that  acts  of  the  legislature  which  provided  that  a  duty 
imposed  shall  be.performed  within  u  certain  time  are  directory  and  not  mandatory. 
I  can  not  assent  to  that  proposition.  Where  a  court  or  board  is  directed  by  law  to 
perform  an  act  in  a  given  time,  the  law,  unless  it  declares  the  act  may  not  be  done 
after  the  expiration  of  the  time,  ia  so  far  directory  as  that  tho  act  is  valitl,  though  done 
after  the  time  fixed,  bat  is  not  directory  in  the  sense  that  tbo  duty  or  act  directed 
may  be  entirely  disregarded  or  omitted.  The  time  is  given  that  tbo  board  may  have 
ample  opportunity  to  act  intelligently  and  with  good  Judgment,  but  not  to  enable 
the  board  or  officer  of  whom  the  duty  is  reqviired  to  disregard  it  entirely.  I  have  no 
doubt  .but  that  the  board  of  supervisors  is  required  by  the  law  in  question  to  appoint 
12125— No.  33 2 


•iiijii  .fC»'ii  iii<fiijiiiniwjn>i#wN#''*»'jWM' 


t*— 


18 


^ii 


A  oniinty  bonni  of  horticultanl  oommlMloneM,  and  that  it  mfty  be  InwlVilly  ilon« 
iilti-r  tlir  itxplrittion  of  tlio  t  w«»iity  iliiyn  (jiven  thc'iii  in  the  act  for  ileliberntion. 

(uniiHol  ri'turi't'il  to  hiiiiii*  itiitlioritit's  froiii  otliur  StutcM  in  mipport  of  bin  contention. 
I  (III  not  think  thi>Hn  uiitlioriti«t«  ^o  to  th»  <«\t«nt  clainiml  l>y  him,  iiud  If  they  ilid, 
tUt'Ut  iieinK  no  Hnch  ilt'tiHion  tiy  iinr  own  Hiiprttuie  conrt,  I  wonid  hobi  the  l»w  in  thii 
Htiite  to  be  ditl'errnt.  Tlie  |Mirpoii«  of  tlie  IcKlMlature  waa  to  givo  thu  iiii|>erviiiora 
time  t<i  nialii)  Judiiioni  HtiicitionN  nixl  not  to  Justify  or  unthorlze  an  annulment  uf 
thv  leKislittlvu  will  ^xpruHHiMl  by  tlie  HtatHt«. 

OIlKCiUN. 

Tlio  foUowiiiK  iM  tlio  law  creating  the  board,  ah  aiiu'iided  by  the  six- 
teeiitli  I('>,M«lativo  asseinbly: 

All  lilt  til  cri'tttn  H  StH(«  iHmrtt  of  liurtli'iiltiire  uiitl  np|irn|irlat«  moiiny  Ihttrcl'or. 

He  it  inacleU  liy  Ihr.  leijiiilatire  amembly  of  the  .State  of  Oreyon: 

8k(  TioN  I.  Thitt  th(>ro  ih  licruby  cruuted  u  Htate  board  of  horticulture,  to  consist 
of  Hix  intunbi-rN,  who  »b»ll  bo  aiijiointed  by  u  board  conHlHting  of  the  goveruor,  the 
Hocrctiiry  of  ntiite,  and  Htute  treasurer.  One  nutniber  of  ituid  board  of  hnrtlcnlturo 
Hhall  ritpri^Hfiit  tiiu  Stitte  lit  liir);*-.  and  one  ineiiiber  Hh»!l  be  iip]iointod  to  reprt'sent 
ouch  of  the  llv)<  dlHtric'tH  hereby  cruuted,  to  wit: 

KirMt.  The  tlrst  illHtrict,  which  HhuU  coinpriHo  tht*  oountieH  of  Miiltnouiah,  Ulack- 
uiiiiis,  Yiunhill,  Wiwhington,  Cidunibiii,  Clatsop,  and  Tilliiuiook. 

Second.  The  Hocond  district,  which  shall  uoinprise  the  counties  of  Marion,  Polk, 
licntun,  Linn,  und  Lane. 

Third.  Thit  tliirtl  district,  which  shall  comprise  the  counties  of  Douglas,  Jackson, 
Kliiinath,  Josephine,  Coos,  Curry,  und  Lake. 

Fourth,  'riu!  fourth  district,  which  shall  comprise  the  counties  of  Wasco,  Morrow, 
Uilliain,  und  Ouok. 

Fifth.  The  filth  district,  which  fhall  comprise  the  cimnties  of  Umatilla,  Union, 
Baker,  Wnllowa,  Malheur,  und  iirunt. 

8kc.  2.  The  ineinbers  sliall  reside  In  the  districts  for  which  they  are  appointed. 
They  shall  be  selected  with  reference  to  their  study  of  aud  practical  experience  in 
horticulture  and  the  indnstriet*  dependent  thereon.  They  shall  hold  ofilce  for  a  term 
of  four  years  und  until  their  succensors  are  appointed  and  qualified :  Provided,  however, 
that  three  of  the  board  first  appointed,  to  b  j  determined  by  lot,  shall  retire  at  the 
espiriitiim  of  two  years.  All  vacancies  iu  tlie  board  shall  be  filled  by  appointment 
of  the  governor,  and  shall  be  for  the  unexpired  term. 

Skc.  3.  The  board  is  authorised  to  employ  a  secretary,  prescribe  Ms  duties,  and 
shall  elect  from  their  number  a  treasurer,  who  shall  give  a  bond  to  the  governor 
of  the  .state  of  Oregon  in  the  sum  of  1^10,000  for  the  faithful  performance  of  his 
duties.  The  secrtttary  and  treasurer  shall  hold  thoir  appointments  at  the  pleasure 
of  the  board.  Hcforo  entering  upon  the  discharge  of  his  duties,  each  member  of  the 
board  shall  take  and  subscribe  an  oath  to  support  the  Constitution  of  the  United 
States  and  of  the  State  of  Oregon,  ajid  to  faithfully  discharge  the  duties  of  his 
ofHce,  which  said  oath  shall  be  filed  with  the  secretary. 

Bkc.  4.  The  board  may  receive,  manage,  use,  and  hold  donations  and  bequests  of 
money  and  property  for  promoting  the  objects  of  its  formation.  It  shall  meet  on  the 
second  Monday  of  April  and  October  of  each  year,  and  as  much  oftener  as  it  may 
deem  expedient,  for  consultation  and  for  the  adoption  of  those  measures  that  will 
best  promote  the  horticultural  industries  of  the  imitate.  It  may,  but  without  expense 
to  tlie  Btate,  select  and  appoint  competent  and  qualified  persons  to  lecture  in  each 
of  the  districts  named  in  section  1  of  this  act,  for  the  purpose  of  encouraging  and 
imprifvin;;  practical  liorticnlture,  and  of  imparting  instructions  in  the  best  methods 
of  treating  the  diseases  of  fruits  and  fruit  trees,  cleansing  orchards,  and  extermi- 
nating orchard  pests. 


f 


'»4, 


Uwl\ill,v  (lone 
|li  Iteration. 

'  IiIn  oonteutioii. 
fiua  If  they  ilid, 

the  law  In  this 
|tb<(  iiu|>erviM>ra 
lu  unnulment  of 


ud  by  the  six- 

Ihfreror. 

Iture,  to  ooiuiflt 
le  goveruor,  the 

of  horticulture 
t<t(l  to  reprt'iteut 

Itnuuiuh,  Clauk- 

f  Muriou,  I'olk, 

luglas,  JhoIcbod, 

Wasco,  Morrow, 

fmalilla,  Union, 

are  appointed. 
»I  experience  in 
office  for  a  term 
'nwided,  however, 
all  retire  nt  the 
by  appointment 

bis  duties,  and 

0  the  governor 
formance  of  his 
at  the  pleasure 

1  member  of  the 
a  of  the  United 
9  duties  of  his 

tnd  bequests  of 
lall  meet  on  the 
kener  as  it  may 
surea  that  will 
'ithout  expense 
lecture  in  each 
icouraging  and 
e  best  methods 
I,  and  extermi- 


1« 

%Kc.  6.  The  office  of  the  iKmrd  shall  lie  located  at  Much  a  place  as  a  majority 
thereof  may  iletcrniine.  It  nliall  lie  kept  open  to  the  public,  Hubjnct  to  the  rules  of 
the  board,  every  day,  exeptltit;  Huuday  and  It'gal  liolida.vH,  and  whall  be  in  charge 
of  the  Necrctary  during  the  abKcncnof  the  board. 

Sko.  H.  For  the  pnrpoite  of  pntvnntiiig  tlin  spread  of  contagion*  diseases  among 
fruit  and  fruit  trecM,  itnd  for  tlin  |irt<vcutioii,  trcatiiicni,  cure,  and  extirpation  of 
(Vuit  itents,  and  the  diMciMes  of  fruit  iiud  fruit  trees,  ,iu<i  for  the  disinfection  of 
gratts,  scioUN,  or  orchard  d<^bris,  eiii|ity  fruit  box«M  or  packages,  or  other  Niispected 
material  or  trauHportable  artlcIeH  dangerous  to  orchardn,  f.  lits,  and  fruit  trees,  said 
board  may  suggest  regulations  for  the  inspection  and  diHinfetititin  thereof,  which 
regnlutions  shall  be  circulated  in  printed  form  by  the  board  among  the  fruit  growers 
and  tViiit  dealers  of  the  Htate;  and  it  shall  be  the  right  and  <luty  of  every  member 
or  officer  or  apjiointee  of  said  lioard  to  inspect  any  fruit  or  fruit  packages,  or  any 
trees,  plants,  cuttings,  grafts,  or  scions  imported  or  brought  into  this  State,  known 
or  believed  to  be  infected  by  any  insect  or  insects,  or  the  germs  thereof,  <ir  by  eggs, 
larvie,  or  pujiie  thereof,  or  with  any  contagious  diNease  iixjurious  to  tr\i\t  or  tViiit 
trees;  and  any  ])erson  who  shall  sell,  give  away,  distribtite,  or  transport,  or  oflfer  to 
8«-ll,  give  away,  distribute,  or  transport  any  such  fruit,  fruit  packages,  trees, 
plants,  cnttings,  grafts,  or  scions,  foniid  upon  such  ins|iection,  or  known  to  lie 
infested  as  aforesaid,  before  the  same  are  disinfected,  shall  bo  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  theretif  shall  bo  punished  as  provided  for  in 
section  8  of  this  act. 

And  any  |ierson  shipping  any  fruit  trees,  scions,  cuttings,  or  plants  from  any 
orchard,  nnrsery,  or  <ither  place  where  they  were  grown  orp:  oduced  shall  place  upon 
or  securely  attach  to  each  box,  packages  or  parcel  containing  such  fruit  trees,  scions, 
cuttings,  or  fdants  a  distinct  mark  or  label  showing  the  nam<  of  the  owner  and  shipper 
of  the  same  and  of  the  locality  where  produced;  and  an\r  person  who  shall  ship, 
transport,  or  remove,  or  canse  to  be  shipped,  transported  o;  removed,  any  flrnit  treea, 
scions,  cuttings,  or  plants  found  upon  inspection  asa.'brusaid,  or  known  to  be  infected 
as  specified  in  this  act,  before  the  same  is  disinfected  to  the  satisfaction  of  some  mem- 
ber  or  oflBoor  or  appointee  of  the  board,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  lined  as  provided  for  in  sootion  8  of  this  act;  and  it  shall  be 
a  misdemeanor  punishable  as  aforesaid  for  any  person  to  ship  or  trau8|i0i't  iVom  one 
locality  to  another  any  fruit  trees,  scions,  cuttings,  or  plants  that  have  been  disin- 
fected without  a  stump  or  label  on  the  box,  package,  or  wrapping  thereof  showing 
such  disinfection ;  and  any  person  who  shall  use  any  false  or  counterfeit  stamp  or 
label  as  liforesaid  'shall  be  deemed  guilty  of  a  misdemeanor,  an<l  upon  conviction 
thereof  shall  be  lined  as  provided  for  in  section  8  of  this  act;  and  the  board  shall 
have  the  power  to  make  such  temporary  appointments  as  may  be  necessary  to  carry 
out  the  provisions  of  this  section. 

Skc.  7.  The  said  board  shall  elect  from  their  own  number,  or  appoint  from  withont 
their  number,  to  hold  office  at  the  pleasure  of  the  bbiird,  a  competent  person  espe- 
cially <|ualiflod  by  practical  experience  in  horticulture,  who  shall  be  known  as 
Inspector  of  Arnit  ]iests.  It  shall  be  the  dut^  of  said  inspector  to  visit  the  horti- 
cultural districts  of  the  State ;  to  see  that  all  regulations  of  said  board  to  prevent 
the  spread  of  ftuit  pests  and  diseases  of  trees  and  plants  injurious  to  the  horticul- 
tural interests  of  the  State,  and  for  the  disinfection  of  fruits,  trees,  plants,  grafts, 
■ciouB,  orchard  debris,  emjity  fruit  boxes  and  packages,  and  other  material  are  made 
known  to  the  people  of  the  State.  He  shall,  whenever  required,  and  under  the 
direction  of  the  board,  and  mry  also  upon  his  own  motion  and  upon  complaint  of 
interested  parties,  inspect  orchanls,  nurseries,  and  other  places  suspected  or  believed 
to  be  infected  with  fruit  pests  or  infected  with  contagious  diseases  injurious  to  trees, 
plants,  or  flniits,  and  he  shall  ropoit  the  facts  to  said  board.  The  inspector  shall 
ttom  time  to  time,  and  whenever  required  by  said  board,  report  to  it  such  informa- 
tion as  he  may  secure  from  observation,  experience,  and  otherwise  as  to  the  best 
meithod  of  diminishing  and  eradicating  fruit  pests  and  diseases  from  orchards,  and 


i>fi1iJ'U'J'.*¥^>iM^'fVV. 


*  li^^Wi.t^l'WII.W.'J.'ii' 


•^- 


20 

also  snggnstioDB  in  practical  horticulture,  the  adsptatiou  uf  prmliice  to  Hoil,  olinmte, 
ami  mnrketei,  and  such  other  facts  aud  information  as  shall  be  eiiluulated  to  improve 
the  liorticultural  intereHts  of  the  State. 

Sec.  8.  Whenever  complaint  is  made  to  any  member  of  the  board  that  any  person 
has  an  orchard,  trees,  or  nursery  of  trees,  or  a  fruit-packing  house,  storeroom,  sales 
room,  or  any  other  place  in  this  State  infectiid  with  any  noxious  insects  or  the  eggs  or 
larvieof  any  snch  insects  iDJurious  or  that  may  become  injurious  to  the  fruit  interests  of 
the  State,  such  member  shall  insiiect  or  cause  to  be  inspected  the  premises  or  property 
to  which  rtuch  complaint  relates;  and  if  the  same  is  found  to  be  infected  as  afore- 
said, such  member  shall  notify,  in  writing,  the  person  having  charge  of  such  premises 
or  ]ir()perty  to  appear  before  him  at  a  certain  time  and  place  to  be  specified  in  snch 
notice,  to  be  heard  in  reference  to  the  infection  of  said  premises  or  property  as  afore- 
said; and  if  snch  member,  after  hearing  the  person  m  charge  of  such  pro]>erty,  shall 
l>e  of  the  opinion  that  such  premises  or  property,  or  any  of  the  same,  is  infected  as 
aforesaid,  he  shall  notify  in  writin}>  the  peraon  m  charge  of  the  same,  within  a  time 
to  be  prescribed  in  sucli  notice,  tu  treitt  iind  disinfect  said  premises  or  property  in 
the  manner  prescribed  in  such  notice;  and  if  the  person  so  notifled  shall  neglect  or 
refuse  to  treat  and  disinfect  said  premises  or  property  in  the  manner  and  within  the 
time  prescribed  in  suid  notice,  such  person  sliall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  sliall  be  fined  not  less  than  twenty-tive  nor  more  thau 
one  hundreit  dollars;  and  if  it  appears  upon  the  trial  that  any  orchard,  trees,  nurs- 
eries, buildings,  or  other  structures,  premises,  or  property  in  charge  of  the  defendant 
referred  to  in  snid  notice,  or  any  part  of  such  structures,  premises,  or  property  is 
infectea  as  aforesaid,  the  court  shall  declare  whatsoever  of  the  same  is  so  infected  a 
nuisance,  and  shall  order  it  tu  ha  abated,  or  may  make  any  other  order  necessary  to 
prevent  its  continuance,  and  it  shall  be  '^he  duty  of  the  board,  or  some  member 
thereof,  to  execute  such  order,  aud  the  costs  and  disbursements  of  the  prosooution 
shall  be  adiudged  against  the  party  convicted  as  aforesaid. 

Sec.  9.  It  snail  be  the  duty  of  tl^e  secretary  to  attend  all  meetings  of  the  board 
and  to  procure  records  of  the  proceedings  and  correspondence,  to  collect  books, 
pamphlets,  periodicals,  and  other  documents  containing  valuable  information 
relating  to  horticulture,  and  to  preserve  the  same;  to  collect  statistics  and  other 
information  showing  the  actual  condition  and  progress  of  horticulture  in  this  State 
aud  elsewhere;  to  corrcrtpond  with  agricultural  and  horticultural  societies,  colleges 
and  schools  of  agriculture  and  horticulture,  and  other  persons  and  bodies  as  he 
may  be  directed  by  the  board,  and  prepare,  us  required  by  the  board,  reports  for 
publication.  He  shall  also  act  as  assistant  to  and  obey  the  directions  of  the  Inspector 
of  fruit  pests,  under  the  direction  of  the  boaril,  in  the  exercise  of  the  duty  of  his 
oflBce,  and  shall  be  paid  for  his  services  as  said  secretary  and  assistant  inspector  a 
salary  of  not  to  exceed  one  hundred  dollars  per  month. 

Skc.  10.  The  inspector  of  frnit  pests  shall  receive  as  compensation  for  his  services, 
when  actually  engaged  in  the  duties  of  his  otlice,  a  sum  uot  to  exceed  five  dollars  per 
day,  and  his  actual  traveling  expenses  shall  be  a'.*o-,ved  when  so  engaged. 

Skc.  11.  The  board  sbali,  biennially,  in  the  month  of  .January,  report  to  the  legis- 
lative assembly  a  statement  of  its  doings,  with  a  copy  of  the  treasurer's  accounts  for 
the  two  years  preceding  the  session  thereof,  and  abstracts  of  the  reports  rt  the 
inspector  of  fruit  pests  and  of  the  secretary.  The  members  of  the  board  shall  receive 
as  compensation  for  their  services  their  actual  expenses  when  attending  the  meet- 
ings of  the  board,  and  shall  be  allowed  five  dollars  per  day  for  time  actually 
employed. 

Kec.  12.  The  treasurer  shall  receive  all  moneys  belonging  to  the  board,  and  pay 
out  the  same  only  for  bills  approved  by  it,  aud  shall  render  annually  a  detailed 
account  to  the  board  of  all  receipts  and  disbursements. 

8kc.  13.  There  is  hereby  appropriated  for  the  use  of  the  State  board  of  horticul- 
ture, ns  set  forth  in  this  act,  out  of  the  moneys  in  the  State  treasury  not  otherwise 
appropriated,  the  sum  of  $3,500  for  the  year  commencing  April  1, 1889;  |3,600  for  tlw 


i 


m 


^ 


>« '  3r>  1  AtAk^MtkK*  w»nM|M*n»<d«Mii<Vi<Wt» ' 


Ice  to  Hoil,  climate, 
lulatud  to  improve 

•d  that  any  person 
1,  atoreroom,  sales 
lects  or  the  eggs  or 
lefruitinterestsof 
[emlses  or  property 
infected  as  afore- 
;e  of  such  premises 
specified  in  such 
property  ana fore- 
ich  property,  shall 
auie,  is  infected  aa 
lime,  within  a  tiiue 
ises  or  property  In 
)d  shall  neglect  or 
ler  and  within  the 
of  u  misdemeanor, 
ive  nor  more  than 
rchard,  trees,  nnrs- 
e  of  the  defendant 
ses,  or  property  is 
mo  is  so  infected  a 
order  necessary  to 
,  or  some  member 
of  the  prosoontion 

ings  of  the  board 

to  collect  books, 

liable  information 

batisticH  and  other 

iltare  in  this  State 

societies,  colleges 

and  bodies  as  he 

board,  reports  for 

as  of  the  Inspector 

of  the  duty  of  bis 

istant  inspector  a 

an  for  his  services, 
Bed  fivedollars  per 
igaged. 

eport  to  the  legis- 
irer's  accounts  for 
lie  reports  rf  the 
ourd  shall  receive 
tending  the  meet- 
or  time  actually 

e  board,  and  pay 
mally  a  detailed 

toard  of  horticnl* 
ry  not  otherwise 
»»;  |3,fi00for  tlM 


I 


21 

year  oommenoing  April  1, 1890,  and  the  secretary  of  state  shall  draw  his  warrants 
upon  the  St'ite  treasurer  in  favor  of  the  treasurer  of  the  board  for  said  sums,  or  any 
part  thereof,  when  they  have  become  available,  upon  proper  demand  being  made  for 
the  same  by  said  board. 

Skc.  14.  Tiie  said  board  shall  report  to  the  legislative  assembly,  commencing  Jan- 
uary, 1891,  what,  if  any,  legislation  is  needed  in  aid  of  the  horticultural  and  fruit- 
growing interests  of  the  State. 

Skc.  15.  Inasmuch  an  there  is  great  danger  to  the  fruit  and  horticultural  interests 
of  the  State  from  pests  and  other  causes,  and  no  means  exist  whereby  they  can  be 
remedied,  this  act  shall  take  ettect  from  and  after  its  approval  by  the  governor. 

An  act  tn  (lefliie  certain  ,;ower8  aud  iliitieH  of  the  iitate  board  of  liorticniture ;  t*>  amrnd  au  act 
entitled  'An  net  ti>  create  a  State  board  of  hortionlture,  and  to  appropriate  money  tlierefsr," 
approved  February  2;;,  1880. 

Be  it  enacted  by  the  legislatire  aittembly  of  the  State  of  Oregou : 

Section  1.  The  State  board  of  horticulture  may,  as  it  shall  require,  select  and 
appoint  by  a  commission,  which  shall  be  issued  by  said  board,  any  competent  person 
or  persons  especially  qualified  by  practical  experience  in  horticulture  and  entomology, 
who  shall  bu  known  as  "  inspector  uf  fVnit  pests,"  and  who  shall  hold  office  at  the 
will  of  the  board.  The  dnties  and  compensation  for  services  of  an  inspector  of 
fruit  pests  shall  be  provided  for  by  said  board  in  conformity  to  their  own  powers 
and  subject  to  the  laws  hereinafter  enacted.  Such  inspector  of  fruit  pests  shall  keep 
a  full  and  complete  record  of  all  his  transaiitions,  receipts  and  di8l>ursements  as  such 
officer,  and  report  the  same  to  said  board  at  its  regular  semi  annual  meetings,  and  at 
such  other  times  as  it  shall  require. 

Skc.  2.  For  the  puriuMO  of  disseminating  knowledge  concerning  contagions 
diseases  affecting  Aruit  and  trees,  plants,  vegetables,  and  vines,  and  the  remedies, 
preventives,  and  disinfectabts  applicable  thereto,  it  shall  be  the  duty  of  the  State 
board  of  hortiisnlture,  flrom  tliuu  to  time,  as  it  may  be  deemed  necessary,  to  publish 
in  printed  form  such  information,  remedies,  preventives,  and  disinfectants  as  it  may 
approve,  which  shall  lie  circulate<l  by  the  board  among  the  fruit  growers,  ftnit 
dealers,  shippers,  transportation  companies,  and  agents  within  the  State. 

Skc.  3.  It  shall  bo  the  duty  of  the  State  board  of  horticulture,  whenever  it  shall 
deem  it  necessary,  to  make  or  cause  an  inspection  to  be  made  of  any  orchard,  nursery, 
trees,  plants,  shrubs,  vegetables,  vines,  or  fruits,  or  any  fVuit-packing  bouse,  store- 
room, stales  room,  or  any  other  place  or  articles  within  the  State;  and  if  foimd  infected 
with  uny  pests  in,j:irious  to  fruit,  jdants,  vegetables,  trees,  or  vines,  or  with  their 
eggs  or  livTvie,  they  shall  notify  the  owner  or  owners,  or  the  person  or  persons  in 
charge  or  in  possession  of  said  places,  orchards,  nurseries,  trees,  plants,  vegetables, 
vines,  fruit,  or  articles  as  aforesaid,  that  the  same  are  infevtcd  with  said  pests,  or  any 
of  them,  or  their  eggs  or  larvie ;  und  they  shall  require  such  i>erHon  or  persons  to 
eradicate  or  detitroy  the  said  insects  or  other  pests,  or  their  eggs  or  larvie,  within  a 
certain  time,  to  be  specified.  Said  notices  may  be  served  upon  the  person  orpersons, 
or  either  of  thuoi,  owning  or  having  charge  or  having  possession  of  such  infected 
place  or  orchard,  nursery,  trees,  plants,  vegetables,  vines,  fruit,  or  articles  as  afore- 
said, by  a  member  of  the  State  board  of  horticulture,  or  an  inspector  of  fruit  pests, 
or  they  may  be  served  in  the  same  manner  us  a  summons  in  a  civil  action.  Any  and 
all  such  places,  orchards,  nurseries,  trees,  plants,  shrubs,  vegetables,  vines,  f^uita,  or 
articles  thus  infected  are  hereby  adjudged  and  declared  to  be  a  public  iv.iisance; 
aud  whenever  any  such  nuisance  shall  exist  at  any  place  within  the  State,  or  on  the 
property  of  any  nonresident,  or  on  any  property  the  owner  or  owners  of  which  can 
not  be  found  within  the  State  after  diligent  search,  or  any  property  where  notice 
has  been  served  as  aforesaid,  and  where  the  owner  or  those  in  {tossessiou  shall  refuse 
or  neglect  to  abate  the  same  within  the  time  specified,  it  shall  be  the  duty  of  any  mem- 
ber or  members  of  the  State  board  of  horticulture  to  cause  said  nuisance  to  be  ut  once 
abated  by  eradicating  or  destroying  said  pests  or  their  eggs  or  larvie.    The  expense 


w^ 


mimmmmmsaB 


to,(gH»**'^W"l*»»1f*WWt^WWW 


^y-:- 


is; 


20 

also  snggnstious  in  practical  horticnlture,  the  adaptatiou  uf  prmlnce  to  Hoil,  olinmte, 
anil  marketB,  ant)  such  other  facts  and  information  as  shall  be  oulculatod  to  improve 
the  horticultural  iiitereHts  of  the  iState. 

Sec.  8.  Whenever  complaint  is  mad«  to  any  member  of  the  board  that  any  person 
has  an  orchard,  trees,  or  nurs«^ry  of  trees,  or  a  fniit-packing  house,  storeroom,  sales 
room,  or  any  other  place  in  this  State  infectod  with  any  noxious  insects  or  the  eggs  or 
larvii'of  any  such  insects  injurious  or  that  may  become  iitjurious  to  the  fruitinterests  of 
the  State,  such  member  shall  inspect  or  cause  to  be  inspected  the  premises  or  property 
to  which  ituch  <-oniplaint  relates ;  and  if  the  same  is  found  to  be  infected  as  afore- 
said, such  member  shall  notify,  in  writing,  the  person  having  charge  of  snch  premises 
or  ]iro|ierty  to  appear  before  him  at  a  certain  time  and  place  to  be  specified  in  snch 
notice,  to  be  heard  in  reference  to  the  infection  of  said  premises  or  property  as  aforo- 
suiil;  and  if  such  member,  after  hearing  the  person  in  charge  of  such  projterty,  shall 
be  of  the  opinion  that  such  premises  or  property,  or  any  of  the  same,  is  infected  as 
aforesaid,  he  shall  notify  in  writiujt  the  person  in  charge  of  the  same,  within  a  time 
to  be  prescribed  in  such  notice,  tu  treitt  and  disinfect  said  premises  or  property  in 
the  manner  prescribed  in  such  notice;  and  if  the  person  so  notified  shall  neglect  or 
refuse  to  treat  and  disinfect  said  premises  or  property  in  the  manner  and  within  the 
time  prescribed  in  said  notice,  such  person  shall  be  deemed  guilty  of  u  misdemeanor, 
and  upon  conviction  thereof  sliall  be  fined  not  less  than  twenty-five  nor  more  than 
one  hundreu  dollars;  and  if  it  appears  upon  the  trial  that  any  orchard,  trees,  nurs- 
eries, buildings,  or  other  structures,  premises,  or  property  in  charge  of  the  defendant 
referred  to  in  snid  notice,  or  any  part  of  such  structures,  premises,  or  property  is 
iufectea  as  aforesaid,  the  court  shall  declare  whatsoever  of  the  same  is  so  infected  a 
nuisance,  and  shall  order  it  to  ba  aba.ed,  or  may  make  any  other  order  necessary  to 
prevent  its  continuance,  and  it  shall  be  *he  duty  of  the  board,  or  some  niem)>er 
thereof,  to  exet^ite  such  order,  and  the  costs  and  disbursements  of  the  prosecution 
shall  be  nd,|u<lged  against  the  party  convicted  us  aforesaid. 

Sec.  9.  It  shall  be  the  duty  of  tl^e  secretary  to  attend  all  meetings  of  the  board 
and  to  procure  records  of  the  proceedings  and  correspondence,  to  collect  books, 
pamphlets,  periodicals,  and  other  documents  containing  valuable  information 
relating  to  horticulture,  and  to  preserve  the  same ;  to  collect  statistics  and  other 
information  showing  the  actual  condition  and  progress  of  horticultore  in  this  State 
and  elsewhere;  to  correspond  with  agricultural  and  horticultural  societies,  colleges 
and  schools  of  agriculture  and  horticulture,  and  other  persons  and  bodies  as  he 
may  be  directed  by  the  board,  and  prepare,  us  required  by  the  board,  reports  for 
publication.  He  shall  also  act  as  assistant  to  and  obey  the  directions  of  the  Inspector 
of  fruit  pests,  under  the  direction  of  the  boan^  in  the  exercise  of  the  duty  of  bis 
office,  and  shall  be  paid  for  his  services  as  said  secretary  and  assistant  inspector  a 
salary  of  not  to  exceed  one  hundred  dollars  per  month. 

Skc.  10.  The  inspector  of  fruit  pests  shall  receive  as  compensation  for  his  services, 
when  actually  engaged  in  the  duties  of  his  ofhre,  a  sum  not  to  exceed  five  dollars  per 
day,  and  his  actual  traveling  expenses  shall  be  a'.*o-,red  when  so  engaged. 

Skc.  11.  The  board  shall,  biennially,  in  the  month  of  .laniiary,  report  to  the  legis- 
lative assembly  a  statement  of  its  doings,  with  a  copy  of  the  treasurer's  accounts  for 
the  two  years  preceding  the  session  thereof,  and  abstracts  of  the  reports  of  the 
inspector  of  fruit  pests  and  of  the  secretary.  The  members  of  the  board  shall  receive 
as  compensation  for  their  services  their  actual  expenses  when  attending  the  meet- 
ings of  the  board,  and  shall  be  allowed  five  dollars  per  day  for  time  actually 
employed. 

Sec.  12.  The  treasurer  shall  receive  all  moneys  belonging  to  the  board,  and  pay 
out  the  same  only  for  bills  approved  by  it,  and  shall  render  annually  a  detailed 
account  to  the  board  of  all  receipts  and  disbursements. 

Skc.  13.  There  is  hereby  appropriated  for  the  use  of  the  State  board  of  horticul' 
tnre,  as  set  forth  in  this  act,  out  of  the  moneys  in  the  State  treasury  not  otherwise 
appropriated,  the  sum  o  f  $3,500  for  the  year  commencing  April  1, 188tf ;  $3,500  for  tbe 


21 

year  commencing  April  1,1890,  and  the  secretary  of  state  shall  draw  his  warrant, 
upon  the  StHte  treasurer  in  favor  of  the  treasurer  of  the  board  lor  said  sums,  or  any 
part  thereof,  when  they  have  become  available,  upon  proper  demand  being  made  for 
the  same  by  said  board.  

Sec  14  Tiie  said  board  shall  report  to  the  legislative  assembly,  commencing  Jan- 
uary, 1891,  what,  if  any,  legislation  is  needed  in  aid  of  the  horticultural  and  frnit- 
srowiug  interests  of  the  State.  , .      ,,     ,^       , .  ^        * 

Skc.  15.  Inasmuch  as  there  is  great  danger  to  the  fruit  and  horticultural  interests 
of  *he  State  from  pests  and  other  causes,  and  no  means  exist  whereby  they  can  be 
remedied,  this  act  shall  take  ettect  from  and  after  its  approval  by  the  governor. 

An  act  to  deHi.e  certain  ..«.r.  aud  dutie*  of  the  State  board  of  horticulture;  ♦« J'^";!  "»  •«» 
enUUed  'An  net  to  create  a  State  boanl  of  hortiontture,  and  to  n,.,.roprtate  money  therefor, 
approveil  February  23,  1889. 

Bis  it  enacted  by  the  legislatire  MMmhIy  of  the  State  of  Oregon :  ,    ^        . 

Secth.n  1.  The  Stat«  board  of  horticulture  may,  as  it  shall  require,  select  and 

appoint  by  a  commission,  which  shall  be  issued  by  said  board,  any  competent  person 

or  persons  especially  qualified  by  practical  experience  ,n  horticulture  and  entomology. 

who  shall  be  known  as  "inspector  of  ftnit  pests,"  and  who  shall  hold  office  at  the 
will  of  the  board.  The  dnties  and  compensation  for  services  of  an  inspector  of 
fruit  pests  shall  be  provided  for  by  said  board  in  conformity  to  their  own  powers 
and  subject  to  the  laws  hereinafter  enacted.  Such  inspector  of  fruit  pests  shall  keep 
a  full  and  complete  record  of  all  his  transa<;tions,  receipts  and  disbursements  as  such 
officer,  and  report  the  same  to  said  board  at  its  regular  semi  annual  meetings,  and  at 
such  other  times  as  it  shall  require.  .  ^     • 

Skc  2  For  the  puriioso  of  disseminating  knowledge  concerning  contagious 
dlseases'affecting  ftnlt  and  trees,  plants,  vegetables,  and  vines,  and  the  'em^ies, 
preventives,  and  disinfectants  applicable  thereto,  it  shall  be  the  duty  of  the  8tat« 
board  of  hortisnlture,  from  time  to  time,  as  it  may  be  deemed  necessary,  to  publish 
in  printed  form  snch  information,  remedies,  preventives,  and  disinfectants  as  it  may 
approve,  which  shall  be  circulated  by  the  board  among  the  fruitgrowers,  ftuit 
dealers,  shippers,  transportation  companies,  and  agents  within  the  State. 

Skc  3   It  shall  be  the  duty  of  the  State  board  of  horticulture,  whenever  it  shall 
deem  it  necessarv,  to  make  or  cause  an  inspection  to  be  made  of  any  orchard,  nursery, 
trees,  plants,  shmbs,  vegetables,  vines,  or  fruits,  or  any  fruit-paok.ng  house,  etore^ 
room  Tales  room,  or  any  other  place  or  articles  within  the  State;  and  it  found  nfected 
with  any  pests  injurious  to  fruit,  plants,  vegetables,  trees,  or  vines,  or  with  their 
egRS  or  brv,..,  they  shall  notify  the  owner  or  owners,  or  the  person  or  persons  in 
charge  or  in  possession  of  said  places,  orchards,  nurseries,  trees,  plants,  vegetables, 
vines  fruit,  or  articles  as  aforesaid,  that  the  same  are  infected  with  said  pesta,  or  any 
of  them, or  their  eggs  or  larva,;  and  they  shall  require  such  person  or  Pe«o»«  *« 
eradicate  or  destroy  the  said  insects  or  other  pests,  .or  their  eggs  or  larvie,  within  a 
certain  time,  to  be  specified.    Said  notices  may  be  served  upon  the  person  or  persons 
or  either  of  thooi,  owning  or  having  charge  or  having  possession  of  such  Infected 
place  or  orchard,  nursery,  trees,  plants,  vegetables,  vines,  fruit,  or  article,  as  afore- 
said by  a  member  of  the  State  board  of  horticulture,  or  an  inspector  of  fruit  pests, 
or  they  may  be  »erved  in  the  same  manner  as  a  summons  in  a  civil  action.    Any  and 
all  snch  places,  orchards,  nurseries,  trees,  plants,  .hmb.,  vegetables,  vines,  flruit.,  or 
articles  thus  infected  are  hereby  adjudged  and  d««l"««l  *».''«  ^  P"^"'' ''f*""': 
and  whenever  any  such  nuisance  shall  exist  at  any  place  within  the  State,  or  on  the 
property  of  any  nonresident,  or  on  any  pniperty  the  owner  or  owners  «f  ^"oh  can 
not  be  found  within  the  State  after  diligent  «aroh,  or  any  property  where  notice 
has  been  served  as  aforesaid,  and  where  the  owner  or  those  in  possession  shall  refuse 
orneglecttoabatethesame  within  the  timespecifie<l,it.hall  be  theduty  of  anymem. 

her  or  members  of  the  State  board  of  horticulture  to  .ause  said  nuisance  to  be  at  once 
abated  by  eradicating  or  destroying  said  pests  or  their  eggs  or  larva-.    The  expense 


m 


-•inf^-. 


.  ^•t"if»*J'.i5hiiir.KJift.i,«i.'i«ji»i,;. 


-WW*.' 


:?2 

thereof  shall  lie  a  ooanty  charge,  nnd  the  county  court  of  the  county  therein  snch 
property  is  foiiuil  Hhall  allow  anil  pay  i'ao  Baiue  out  of  the  genernl  fund  of  the 
county,  when  presented  with  the  proper  voui-hfrs  and  a  sworn  statement  thereof,' 
hy  such  commissioner  or  commissioners ;  and  any  and  all  sums  so  paid  shall  be  and 
become  a  lien  on  the  property  nnd  premises  from  which  said  nuisance  has  been 
abateil,  in  pursuance  of  this  act,  and  may  be  recovered  by  a  suit  against  such  prop- 
erty and  premises;  which  suit  to  foroclora  all  such  liens  shall  )te  brought  in  the 
proper  court  by  the  district  attorney  of  snch  county,  in  the  name  of  and  for  the 
benetit  of  said  county;  and  in  case  the  property  is  sold  enough  of  the  proceeds  shall 
be  paid  into  the  county  treasury  to  satisfy  the  liens  and  costs,  and  the  overplus,  if 
any  there  be,  shall  be  paid  to  the  owner  of  the  property,  if  he  be  known,  and  if  not 
into  the  court  for  his  use  when  ascertained.  The  State  board  of  horticultn;) e or  any 
member  thereof  is  hereby  vestted  with  power  to  cause  any  and  all  snch  nuisances  to 
be  at  once  abated  in  a  summary  manner;  and  the  members  of  said  board  and 
inspectors  of  frnit  pests  commissioned  by  said  board  shall  have  full  authority  to  enter 
into  any  orchard,  nursery,  place,  or  places  where  trees  or  plants  are  kept  or  offered 
for  sale  or  otherwise,  or  any  house,  storeroom,  salesroom,  depot,  or  other  such  place 
within  the  8tate,  to  inspect  the  same  or  any  part  thereof. 

8rc.  4.  That  the  State  board  of  horticulture  or  any  member  thereof  be,  and  the  si>me 
are  hereby,  vested  with  all  necessary  power  to  enforce  quarantine  against  nny 
infected  orchard,  nursery,  trees,  plants,  shrubs,  vegetables,  vines,  fruits,  or  any 
place  or  articles  within  the  State,  when  the  same  are  liable  to  spread  •contagious 
diseases  iujurions  to  fruit  or  trees  of  any  kind  within  the  State,  and  to  provide  nec- 
essary rules  and  regulations  to  govern  the  sp  ne. 

Sec.  5.  The  members  of  the  State  board  of  horticulture,  and  the  inspectors  of 
fruit  pests  commissioned  by  said  board,  ^hall  receive  compensaticm  for  their  services, 
when  actually  engaged  in  the  duties  of  tlipir  offices,  a  sum  not  to  exceed  five  dollars 
per  day,  and  their  actual  traveling  expenses  shall  be  allowed  when  so  engaged ;  and 
whenever  it  shall  become  necessary  for  any  of  the  board  to  abate  a  nuisance,  as  pro- 
vided for  by  this  act,  comjiensation  for  their  time  and  traveling  expenses  while  so 
employed  shall  be  jtaid  as  a  part  of  the  county  charge  pruvide<l  for  in  section  3  of 
th  is  act. 

Sec.  6.  That  sectitm  l.S  of  an  act  entitled  "An  act  to  create  a  State  board  of  hor- 
ticulture, and  to  appropriate  money  therefor,"  approved  Feltruary  25, 1889,  be,  and 
the  same  is  hereby,  amended  to  read  as  follows : 

"Skc.  13.  There  is  hereby  appropriated  for  the  use  of  the  State  board  of  horticul- 
ture, out  of  the  moneys  in  the  State  treasury  not  otherwise  appropriated,  the  sum 
or  $6,000  ibr  the  year  commencing  January  1,  1893,  and  $6,000  for  each  sucoeeding 
year  thereafter;  nud  the  .secretary  of  state  shall  draw  his  warrant  upon  the  State 
trensnrer  in  favor  of  the  treasurer  of  said  board  for  said  sums  or  any  part  thereof 
when  they  have  become  available,  upon  pro[)er  demand  beingtmade  for  the  same." 

Src.  7.  That  8ections6, 7, 8,  and  lOof  •jaid  act  be,  and  the  same  are  hereby,  repealed. 

Skc.  8.  This  act  shall  take  effect  from  and  after  its  approval  by  the  govevnor. 

An  art  to  prevent  the  aslr,  gift,  dintribiitioii,  plsnting,  and  trsusportation  of  infected  frnlt,  or  trees, 
plaiite,  I'nttings,  gml'ta,  buda,  aoiona,  or  other  uiaterlul,  and  to  pmacrllie  penalties  tlierefor. 

He  it  enacted  hy  the  legixlaUre  aatemhhj  of  the  State  of  Oregon: 

Sectio.v  1.  All  peach,  nectarine,  apricot,  plum,  prune,  almond,  or  other  trees, 
budded  or  grafted,  upon  peach  or  other  stocks  or  roots,  and  all  peach  or  other  pita, 
ciittings,  buds,  or  scions,  raised  or  grown  in  a  district  where  the  peach  yellows  or 
the  peach  rosette  are  known  to  exist,  and  all  fruits  grown  thereon,  are  hereby  pro- 
hibited from  being  offered  for  sale,  gift,  distribution,  transportation,  or  planting 
within  the  State  of  Oregon ;  and  !^ny  person  or  persons,  dealers,  shippers,  transporta- 
tion companies,  and  agents  thereof  who  shall  be  in  possession  of  any  such  property 
(or  any  purpose,  shall,  when  required  by  any  member  of  the  State  board  of  horti- 
onlture  or  an  inspector  of  fruit  pestb,  burn  the  same  without  delay. 


28 

Sec  2   Fruit  of  any  bind,  all  trees,  plants,  cuttings,  grafts,  buds,  seeds,  pits, 
scfons  or  oth;rtransporUbi;  material  of  ^ny  kind,  grown  in  any  loreign  country, 
TrTn  any  of  the  United  States  or  Territories,  or  in  the  State  of  Oregon   iniected  by 
^^l  in^ct  or  inseeto,  or  their  germs,  or  by  any  fungi,  blight,  or  other  diseases 
knowrt^  b^  inirions  te  fruit  or  fruit  trees,  or  to  other  trees,  and  liable  to  spread 
nnZlon    to  hereby  prohibited  from  being  offered  for  sale,  gift,    distribution, 
pLIS  ^or  trl^'ta«.m  until  the  same  shull  be  thor^-  ...y  disinfected  in  such 
^      !l™av  be  reauired  by  the  State  board  of  horticulture,  and  to  the  satisfac 
Z  of  B^^^rmV^W  thJ^f  or  of  an  inspector  of  fruit  peste.     And  all  consignees, 
a«e«terany  person  who  shall  receive  any  fVuit  or  trees,  plants   cuttings,  grafte 
E^spite,  or  scions,  imported  or  ^m.r.ghtinto  the  State  from  any  foreign 
cot;;rTorWr;nyofthelTnit;dHt»tescrTerriteries,  are  hereby  requi^^^^ 
wTSwentyl"ir  hours,  the  member  of  the  State  board  of  horticulture  ft.r  the  di  - 
Tr ict  wltrn  ihioh  the  same  may  be  received,  or  an  inspector  of  fruit  ,H.^st»,  of  the 
a^Tvri  thlLT and  shall  hold  the  same  in  quarantine  at  the  first  place  of  deba  ka- 
Sn  withiu  the  state  until  such  commissioner  or  Inspector  can  determine  whether 
Ihey"!  frU  from  pests  which  are  liable  to  become  contagious,  before  they  can  be 
nHnred  for  sale,  alft,  transportation,  or  planting. 

r   rAny  ifln  or  persons  shipping  any  fruit  or  fruit  trees,  scion...  cuttings,  o 
pl!l  wltWn  t^J^tate,  IhM  phwe  upon  or  securely  attach  to  each  box,  package,  or 
par  S  contaruing  the  same,  a  distinct  mark,  stamp,  or  label,  showing  the  name  of 
the  producer  and  shipper  of  the  same,  and  the  locality  where  grown. 

sic  rXny  ^rson  or  persons,  dealers,  shippers,  transportation  compau-...,  and 
the"  aients  having  in  tLir  possession  any  ftult  or  trees,  plants,  cut  inr...  grafts, 
ims  sSods  pits  scions,  or  trSn^rtable  material  of  any  kind  info-^-d  with  any 
h  wctri^Ucts-or  thei;  germs,  or  with  fungi,  blight,  or  other  diseases  injurious  to 
St  0^!^."  t  tL  or  to  oLr  trees  or  plants,  and  who  shall  .ell.  offer  for  sale  g.  , 
dTstribuln.  plan  ?ng.  or  transportation,  or  who  refuse  or  neglect  to  destroy  or  dis 
StZs:.i^dftult,*or  trees,  plants,  cuttings,  grafts  seeds  b„ds  P'^^' -;;-';; 
other  matter,  or  who  shall  reiuso  or  neglect  to  attach  a  distinct  mark  or  1»'»1«  Jh"' f  *«' 
ZX  the  name  of  the  producer,  shipper,  and  locality  where  grown,  or  who  shall 
ns^  any  false  or  counterfeit  m,.rk,  stamp,  or  label  thereon,  or  who  shall  refuse  or 
TKlt^tt^  notify  a  commissioner  or  Inspector  of  Importations,  con  rary  to  the  pro- 
;£s  of  rations  1,  2.  and  3  of  this  act,  shall  l«  deemed  guilty  of  a  misdemeanor, 
rd'pon  rnvrion  thereof  shall  be  fined  not  less  than  twenty-fiv.  nor  more  than 

"|Er5'Tllttt"hall  take  effect  from  and  after  its  approval  by  the  governor. 

fN<»TB.-The  foregoing  bills  are  said  by  representative  fruit  growers 
to  have  been  found  cumbersome  and  ineftective.  Tlie  following  bill,  at 
the  date  of  present  writing  (January  31, 1895),  is  about  to  be  intro- 
duccd  by  Senator  Galbraitli,  and  has  received  strong  indorsement 
among  horticulturists,  as  I  am  informed  by  Mr.  M.  O.  Lowns^iale  and 
Prof.  F.  L.  Washburn.— L.  O.  H.] 

A  bill  for  an  act  to  create  the  office  nnd  define  the  duties  of  State  horticultural  in«|HH.tor,  to  appro- 

acrtbing  penalUra  therefor. 

HeitemaciedbytheUgitlaiiveaeeemblnof  the  State  of  Oregon:  ^ 

SECTION  1  That  there  Is  hereby  created  the  office  of  State  horticultural  Inspector, 
whrXer  shall  be  appointed  by  the  goyemor  and  shall  be  selected  with  reference 
to  his  study  of  and  praotiool  experience  in  horticalture.  ,     ,.     ,  -  .  ,.,. 

SEC  2  The  State  horticultural  inspector  shall  hold  office  for  the  term  of  four 
yea«  or  untH  h  s  succc.or  has  been  appointed  and  has  qualified.  "ef-'-'^J^'J 
upon  h"  duties  the  State  horticultural  inspector  shall  take  and  subscribe  to  an  oa.,h 


24 


to  Hupport  the  Cunstitntion  of  the  Uuited  States,  and  of  the  State  of  Oregon,  and  to 
faithfully  perform  the  duties  of  hitt  office,  which  oath  shall  bo  filed  in  the  office  of 
the  secretary  uf  state. 

Sec.  3.  The  State  horticultural  inspector  shall  visit  the  different  horticultural 
districtH  of  the  State  for  the  purpose  of  inspecting  orchards,  nurseries,  and  other 
pliici'H  as  hereinafter  enumerated,  and  shall  ])ubl!sh  in  each  county,  at  least  ten  days 
previous  to  such  official  visits,  his  intention  of  making  the  same. 

Skc.  4.  It  shall  be  the  duty  of  the  State  horticultural  inspector,  either  upon  hi* 
own  motion  or  npou  the  complaint  Of  interested  parties,  to  enter  and  to  make  or 
oauHe  to  be  made  inspections  of  any  orchard,  nursery,  fruit-packing  house,  store- 
room, sales  room,  tlepot,  or  other  place,  and  of  fruits,  vegetables,  trees,  plants,  vines, 
or  other  material  within  the  State  supposed,  believed,  or  liable  to  be  infested  with 
fruit  pests,  or  with  tlieir  eggs  Or  larvio,  or  infected  witii  contagious  diseases  injurious 
to  iVuit,  plants,  trees,  or  vines.  If  upon  any  snch  inspection  there  be  fonnd  any 
disease  or  any  pest,  or  the  eggs  or  larve  of  any  pest,  ii\{urious  to  frnit,  vegetables, 
plants,  trees,  or  vines,  the  State  horticultural  inspector  shall  notify  the  owner  or 
owners,  or  the  person  or  persons  in  charge  or  in  possession  of  said  places,  orchards, 
nmserics,  trees,  plants,  vegetables,  vines,  fruits, or  other  materials,  m  aforesaid,  that 
the  sttuie  are  infested  with  said  pests  or  any  of  them,  or  with  their  eggs  or  larvie. 
And  ho  shall  require  such  person  or  persons  to  eradicate  or  destroy  said  injurious 
insects  or  other  jiests,  or  their  eggs  or  larvut,  within  a  reasonable  time  to  be  specified. 
Said  notice  may  be  served  upon  said  person  or  persons,  or  either  of  them,  owning  or 
having  in  charge  or  possession  such  infested  place,  orchard,  nursery,  trees,  plants, 
vegetables,  vines,  fruit,  or  articles,  as  aforesaid,  by  the  State  horticultural  inspector, 
or  it  may  be  served  in  the  same  manner  as  a  snmmons  in  a  civil  action.  Any  and  all 
•  such  places,  orchards,  nurseries,  trees,  plants,  vegetables,  vines,  iVuits,  or  articles 
thns  infested  are  hereby  adjudged  and  declared  to  be  a  public  nuisance.  And  .when- 
ever any  such  nuisance  shall  exist  at  any  place  within  the  State,  or  on  the  property  of 
any  nonresident,  or  on  any  property  the  owner  or  owners  of  which  can  not  be  found 
within  the  State,  or  on  any  propertj^  where  notice  has  been  served,  ns  aforesaid,  and 
where  the  owner  or  those  in  possession  shall  refuse  or  neglect  to  abate  said  nnisance 
within  the  time  specified,  it  shall  be  the  duty  of  the  State  horticultural  inspector, 
and  he  is  hereby  empowered,  to  cause  said  nuisance  to  be  at  once  abated  by 
eradicating  or  destroying  all  said  pests,  or  their  eggs  or  larvm,  or  by  disinfecting 
or  destroying  all  fruit,  vegetables,  vines,  trees,  plants,  or  other  articles  upon  which 
any  of  said  pests,  or  their  eggs  or  larvie,  may  be  found.  The  expense  of  such  pro- 
ceeding shall  be  a  county  charge,  and  the  county  court  of  the  county  wherein  snch 
propertj'  is  found  shall  allow  and  pay  the  same  out  of  the  general  fund  of  the  county 
when  presented  with  ihe  proper  vonc'jers  and  a  sworn  statement  thereof  by  the 
State  horticultural  inspector.  All  sunu  so  paid  shall  bo  and  become  a  lien  npon  the 
proiierty  and  premises  npon  which  said  nuisance  has  been  abated  in  pursuance  of 
til  is  act,  and  may  l»e  recovered  by  suit  against  such  properly  and  premises.  Suit  to 
foreclose  all  such  liens  shall  be  brought  in  the  proper  court  by  the  district  attorney 
of  such  county  in  the  name  of  and  for  the  benefit  of  said  county.  In  case  the 
property  is  sold,  enough  of  the  proceeds  shall  be  paid  into  the  county  treasury  to 
satisfy-  the  lien  and  the  costs.  The  overplus,  if  any  there  be,  shall  be  paid  to  the 
owner  of  the  property,  if  he  be  known ;  and  if  not,  into  the  court  for  his  use  when 
discovered. 

8kc.  5.  The  State  horticultural  inspector  is  hereby  vested  with  all  necessary 
authority  to  enforce  quarantine  against  any  infested  or(;hard,  nursery,  trees,  plants, 
shrubs,  vegetables,  vines,  fruits,  or  any  place  or  article  within  the  State  when  the 
same  may  be  liable  to  spread  contagions  diseases  injurious  to  fhiit  or  trees  of  any 
kind,  and  to  provide  necessary  rules  and  regulations  to  govern  the  same. 

Sec.  6.  For  the  purpose  of  disseminating  knowledge  concerning  contagious 
diseases  or  injurious  pests  alTectiug  trees,  plants,  vegetables,  vines,  or  fruits  and  the 
remedies,  preventives,  and  disinfectants  applicable  thereto,  the  State  horticultural 


in 
SI 
in 


*ift 


Oregon,  and  to 
in  the  office  of 

hortioaltnrsi 
sries,  and  other 
t  least  ten  days 

lither  upon  hi>> 
nd  to  make  or 
g  house,  store- 
!H,  plants,  vines, 
e  infested  with 
leases  i^jnrious 
he  fonnd  any 
'nit,  vegetables, 
fy  the  owner  or 
daces,  orchards, 
aforesaid,  that 
eggs  or  lar\-(e. 
y  said  injur  ions 
e  to  be  specified, 
ihem,  owning  or 
trees,  plants, 
Itnral  inspector, 
>n.    Any  and  all 
nits,  or  articles 
ice.    And.when- 
i  the  property  of 
lan  not  be  found 
IB  aforesaid,  and 
>te  said  nuisance 
Itural  inspector, 
mce  abated  by 
by  disinfecting 
cles  upon  whicli 
ise  of  such  pro- 
ty  wherein  such 
id  of  the  county 
thereof  by  the 
ft  lien  npon  the 
in  pursuance  of 
Buiises.    Suit  to 
i  strict  attorney 
y.    In  case  the 
inty  treasury  to 
1  be  paid  to  the 
Dr  bis  use  when 

1  all  necessary 
y,  trees,  plants. 
State  when  the 
or  trees  of  any 
tme. 

:ng  contagious 
r  ftuits  and  the 
e  horticultunii 


I 


IB 

inspector  shall,  from  time  to  time,  ns  lie  may  deem  necessary,  have  printed  by  the 
8tate  printer  bulletins  containing  such  information,  remedies,  preventives,  and  dis- 
infectants ns  ho  may  approve,  which  bulletins  shall  be  circulated  among  the  fVuit 
growers,  fruit  dealers,  shippers,  transportation  companies,  and  their  agents  within 
the  Btatn. 

Src.  7.  That  all  peach,  iieotartue,  apricot,  plum,  prune,  almond,  or  other  trees 
budded  or  grafted  upon  peaoh  stocks  or  roots,  all  peach  or  «>tlier  pits,  cuttings,  buds, 
or  scions  raised  or  grown  in  a  district  where  "peach  yellowH"  or  "peach  rosette"  is 
known  to  exist  are  hereby  prohibited  f^oni  being  offered  for  sale,  gift,  distribution, 
transportation,  or  planting  within  the  State  of  Oregon.  Any  'l>erson  or  jiersons, 
dealers,  shippers,  transportation  companies,  or  their  agents  who  shall  be  in  po88<-.s- 
siou  of  any  such  property,  for  any  iiurpose,  shall,  when  rei|nired  by  the  Htate  horti- 
cultural inspector,  linrn  the  same  without  delay. 

Hrh.  8.  Fruit  of  any  kind,  all  trees,  plants,  cuttings,  grafts,  buds,  seeds,  scions,  pits, 
or  other  transportable  material  of  any  kind,  grown  in  any  foreign  country,  or  in  any 
of  the  United  .States  or  Territories,  infested  by  any  insect  or  insectn,  or  their  germs,  or 
by  any  fungus  or  other  disease  known  to  be  injurious  to  fruit  or  fruit  trees  or  to  other 
trees,  and  liable  to  spread  contagion,  are  hereby  prohibited  from  being  ottered  for 
sale,  gift,  distribution,  transportation,  or  planting  until  the  same  shall  be  thoroughly 
disinfected  in  such  manner  as  may  be  required  by  the  State  horticultural  inspector. 

Sec.  9.  Any  person  or  ^Mrsons  ''  ..ping  any  fruit  or  fruit  trees,  scions,  cuttings,  or 
plants  within  the  State  shall  a  ix  to  each  box,  package,  or  parcel  containing  the 
same  a  distinct  mark,  stamp,  or  label,  showing  the  name  of  the  producer  and  shipper 
of  the  same  and  the  locality  where  grown. 

Sec.  10.  Any  person  or  persons,  all  dealers,  shippers,  transportation  companies,  or 
their  agents,  having  in  their  possession  any  fruit  or  trees,  plants,  cuttings,  grafts, 
buds,  seeds,  pits,  scions,  or  tranHportal)le  material  of  any  kind  infested  with  any 
injurious  insect  or  insects,  or  their  geims,  or  with  any  fungus  or  other  disease  inju- 
rious to  frnit  or  fruit  trees,  or  to  other  trees  or  plants,  or  who  shall  sell  or  offer  for 
sale,  gift,  distribution,  transportation,  or  planting,  or  who  shall  refuse  or  neglect  to 
destroy  or  disinfect  the  said  frnit  or  trees,  plants,  cuttings,  pits,  scions,  or  other 
material,  or  who  shall  refuse  or  neglect  to  attach  a  distinct  mark  or  label  thereto,  as 
hereinbefore  provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  twenty-five  nor  more  than  tivt;  hundred  dollars. 

Src.  11.  The  State  horticultural  inspector  shall  biennially,  in  the  month  of  .Tan- 
uary,  report  to  the  legislature  a  /itatement  of  his  official  acts,  and  present  the  actual 
condition  and  progress  of  horticulture  in  the  State. 

Skc.  12.  The  State  horticultural  inspector  shall  receive  as  compensation  for  his 
services  the  snm  of  fifteen  hundred  dollars  per  year  and  his  actual  traveling  expenses 
when  engaged  in  the  duties  of  his  office:  Provided,  That  not  more  than  five  hundred 
dollars  shall  be  expended  in  any  one  year  for  such  traveling  expenses. 

Sec.  13.  There  is  hereby  appro])riatod  for  the  use  of  the  State  horticultural 
inspector,  as  set  forth  in  this  act,  out  of  the  moneys  in  the  State  treasury  not  other- 
wise appropriated,  the  snm  of  $1,500  and  such  further  sum,  not  exceeding  $500,  as 
may  be  necessary  for  his  traveling  exjtenses  for  the  year  commencing  April  1,  1895, 
and  a  like  sum  of  $1,500  and  traveling  expenses,  not  exceeding  ^500  in  any  one 
year,  for  each  succeeding  year  thereafter.  And  the  secretary  o'i  state  shall  draw 
his  warrant  npon  the  State  treasurer  in  favor  of  the  State  horticultnrnl  inspector 
for  said  sums  or  any  portion  thereof  when  they  have  liecome  available,  upon  pres- 
entation by  said  officer  of  the  proper  vouchers. 

Sec.  14.  That  an  act  entitle<l  "An  act  to  create  a  State  board  of  horticnllnre  and 
appropriate  money  therefor,"  approved  February  25,  1889,  and  all  amendment!! 
thereto,  be  and  the  same  are  hereby  repealed. 

Sec.  15.  Inasmuch  as  there  is  imminent  danger  to  the  horticnltnral  interests  of 
the  State  from  pests  and  other  causes  for  which  no  adequate  remedy  has  been  pro- 
vided, this  act  shall  take  etlect  ftt>ni  and  after  its  approval  by  the  governor. 


WASHINGTON.  • 

The  principal  insect  le<;iMlation  of  Wushiiifrtoii  in  embraced  in  sec- 
tions 26G5  and  2(iO()  of  the  EoviAed  Laws  and  Codes  of  the  State,  under 
tlie  title  Horticulture.  Previous  Hectious  create  u  State  board  of  horti- 
culture, consistiiif;!;  of  seven  members,  one  from  each  of  six  horticul- 
tural districts  and  one  from  tiie  State  at  large.  They  are  api^ointed  by 
tlie  governor  for  u  term  of  four  years,  must  reside  in  the  district  whence 
appointed,  are  empowered  to  employ  a  secretary  and  treasurer,  and 
are  directed  to  render  a  report  biennially.  They  must  report  as  to 
needed  legislation,  and  are  given  the  same  powers  and  duties  as  regards 
the  prevention  of  hop-plant  pests  as  in  the  case  of  fruit  and  fruit  cul- 
ture. The  sections  specifically  describing  their  powers  and  duties 
are  as  follows:  * 

lltgulationB  for  inspevtion  and  duinfeclion. 
Skc.  2664.  For  the  purpose  of  prov«iitiiig  the  spread  of  contugioiis  (lioeaHeR  among 
fruit  and  fruit  trees,  nu«l  for  the  prevoution,  cure,  nnd  extirpation  of  fruit  pests  aud 
tile  diseases  of  fVuits  aud  fruit  trees,  aud  for  the  <lisinfectiou  of  grafts,  scions,  or 
orchard  ddbris,  empty  I'rnit  boxes  or  packages,  and  other  Bus]>e(:ted  material  or 
transportable  urtielcs  dangerous  to  orchards,  fruits,  aud  fruit  trees,  said  board  may 
suggest  regulatiiiuM  for  the  inspection  and  disinfeutioii  thereof,  which  regulations 
shall  be  circulated  in  printed  form  by  the  board  among  the  fruit  growers  and  fruit 
dealers  of  the  State,  and  shall  be  published  at  least  ten  days  in  two  daily  newspapen 
of  general  circulation  in  each  comity  in  the  State,  one  of  which  shall  beat  the 
county  court-house  thereof. 

Inspeiior  of  fruit  pt»U — appointment  and  duties  of. 

Sec.  2665.  The  said  board  shall  elect  from  their  own  number,  or  appoint  from 
without  their  number,  to  hold  oifico  at  the  pleasure  of  the  board,  a  coiui)etent  person 
especially  c|ualified  by  pructieal  exiierieure  iu  horticulture,  who  shall  be  known 
as  "inspector  of  fruit  jiests."  It  shall  be  the  duty  of  said  inspector  to  visit  horticul- 
tural districts  of  the  State,  to  see  that  all  the  regulations  of  said  board  to  prevent 
the  spread  of  fruit  pests  aud  diseaseH  of  trees  and  plantsinjurioiis  to  the  horticultural 
lutercsts  of  the  State,  and  for  the  disinfection  of  fruits,  trees,  plants,  grafts,  scions, 
uroliard  dt^bris,  empty  fruit  boxes  and  packages,  aud  other  mat<;rial,  be  made  known 
to  the  people  of  the  State.  He  shall,  whenever  rei|uired,  and  under  the  direction  of 
the  board,  and  may  also  upon  bis  owu  motion  and  complaint  of  interested  parties, 
insju'ct  orchards,  uurseries,  nnd  other  ]>]aces  suspected  or  lielieved  to  be  infected 
with  fruit  pests  or  infected  with  coiitagious  diseases  injurious  to  trees,  plauts,  or 
fruits,  and  he  bhall  reitort  the  facts  to  said  board.  The  inspector  shall,  from  time  to 
time,  and  whenever  required  by  said  board,  report  to  it  such  infonnation  as  he  may 
secure  from  observation,  experience,  and  otherwise,  as  to  the  best  methods  of  dimin- 
ishing and  eradicating  fruit  pests  and  diseases  from  orchards,  and  also  suggestions 
iu  practical  horticulture,  the  adaptation  of  produce  to  soil,  climate,  and  markets, 
and  such  other  facts  and  information  as  shall  be  ealculateil  to  improve  the  horti- 
cultural interests  of  the  State. 

Dnty  of  .member  of  board  upon  vomplaiti  made — Hearimj  as  to  infections — Nuisance, 

Sec.  2666.  Whenever  a  complaint  is  made  to  nny  member  of  the  lioard  that  any 
jterson  has  an  orchard,  trees,  or  nursery  of  trees,  or  a  fruit-packing  house,  store- 
room, salesroom,  or  any  other  place  iu  tbis  State,  infected  with  auy  noxious  insects, 
or  the  eggs  or  larviu  of  any  such  insects,  or  that  any  package  of  trees,  plants,  or 


'ai,'-* 


27 


!e(l  in  sec- 
State,  under 
>ard  of  liorti- 
six  barticul' 
bpi^oiiited  by 
[strict  whence 
easurcr,  and 
report  as  to 
[ies  as  regards 
md  fruit  cul- 
*s  and  duties 


I  <li8ea8eH  among 
fruit  pests  aud 
rraftH,  scions,  or 
tod  material  or 
said  board  may 
liich  regulations 
rowers  and  fruit 
luily  newspapers 
shall  1)0 'at  the 


or  appoint  from 
competent  person 

shall  be  known 
to  visit  horticul- 
l>oard  to  prevent 
the  horticultural 
ts,  grafts,  scions, 
,  be  made  known 
r  the  direction  of 
iterested  parties, 
d  to  be  infected 

trees,  plants,  or 
kail,  from  time  to 
nation  as  he  may 
lethodsof  dimin- 

also  suggestions 
te,  and  markets, 
prove  the  horti- 

ioiw — wVH<*a»ce. 

board  that  any 

ing  housc),  store- 

uuxiouH  insects, 

trees,  plants,  or 


fruit  are  in  transit  to  this  Ktate  or  are  in  this  Htate  about  to  be  disseuiinated,  which 
are  known  or  suspected  to  Ite  from  localities  that  are  infected  with  any  disease  or 
pests  injurious  or  that  may  become  injurious  to  the  fruit  interests  of  tlin  Ktate,  such 
members  shall  inspect,  or  cause  to  be  inspected,  the  ))remise«  or  property  to  which 
such  complaint  relates,  aud  if  the  same  is  found  to  be  infected  as  aforesaid,  such 
members  shall  notify,  in  writing,  the  person  having  charge  of  such  premises  and 
property  to  appear  before  him  at  such  time  and  place  as  specified  in  such  notice,  to 
be  heard  in  reference  to  the  infection  of  said  premises  or  property  aforesaid ;  and  if 
such  member  after  hearing  the  person  in  charge  of  such  pri'mises  or  pn>perty  shall 
be  of  the  opinion  that  such  premises  or  property,  or  any  of  the  same,  is  infected  as 
aforesaid,  he  sliuU  notify,  in  writing,  the  ptTsoii  in  charge  of  the  same,  within  a  time 
to  be  prescribed  in  such  notice,  to  treat  and  disinfect  said  premises  or  property,  in 
the  manner  proscribed  iii  such  notice,  and  if  the  person  so  notified  shall  neglect  or 
refuse  to  treat  and  disinfect  said  premises  or  property  in  the  manner  and  within  the 
time  prescribed  in  said  notice,  such  person  shall  be  deemed  gnilty  of  a  misde- 
raeaiior,  and  upon  conviction  thereof  shall  bo  fined  not  less  than  twenty-five  dollars 
nor  more  than  ono*hnndred  dollars;  aud  if  it  appears  on  the  trial  that  any  orchard, 
trees,  nursery,  bnilding,  or  any  structures,  premises,  or  property  in  charge  of  the 
defendant  referred  to  iii  said  notice,  or  any  part  of  such  structures,  premises,  or 
property,  is  infested  or  infected  as  aforesaid,  the  court  shall  declare  whatsoever  of 
the  same  is  so  infected  a  nuisance,  and  shall  order  it  to  be  abated,  or  make  any  other 
order  necessary  to  prevent  its  continuance,  and  it  shall  be  the  duty  of  the  board,  or 
some  meinber  thereof,  to  execute  such  order,  and  the  costs  and  disbursements  of  the 
prosecution  shall  bo  adjudged  against  the  party  convicted  as  aforesaid. 

Compennation  of  intpector  of  frmt peaU. 

Sec.  2668.  The  inspector  of  fruit  pests  shall  receive  as  compensation  for  his  services 
when  actually  engaged  in  the  duties  of  his  office  a  sum  not  to  exceed  five  dollars  per 
day,  and  his  mileage  actually  paid  out  shall  be  allowed  when  so  engaged. 

IDAHO. 

An  ai<t  tu  |>rotn>t  sntl  promote  the  hortiuiiltiinil  interests  nf  the  StAte,  and  to  tleetroy  insect  pests  in 

orcliaTtlM  and  eliiewhere. 

lie  it  enacted  hy  the  legielature  of  thii  Slate  of  Idaho: 

Skotion  1.  Whenever  a  petition  is  presented  to  the  board  of  county  commissioners 
of  any  county,  and  i.igned  by  twenty  or  more  persons  who  are  resident  freeholders 
and  possessors  of  an  orchard,  or  both,  stating  that  certain  or  all  orchards  or  nurseries 
or  trees  of  any  variety  are  infested  with  scale  insects  of  any  kiud  injurious  to  fruit, 
fruit  trees,  aud  vines,  codlin  moth  or  other  insects  that  are  destructive  to  trses,  and 
praying  that  a  commissioner  be  appointed  by  them  whose  duty  it  shall  be  to  super- 
vise their  destruction,  as  herein  provided,  the  board.of  commissioners  shall,  within 
twenty  days  thereafter,  select  a  commissioner  for  the  county,  to  be  known  aa  the 
county  horticultural  commissioner.  The  said  commissioner  shall  serve  for  a  period 
of  two  years  from  the  date  of  appointment. 

Skc.  2.  It  shall  be  the  duty  of  the  county  horUcultural  commissioner  in  each 
county,  whenever  he  shall  deem  it  necessary,  to  cauM  an  inspection  to  be  made  of 
any  orchard,  or  nursery,  or  trees,  or  any  fruit-packing  house,  storeroom,  sales  room, 
or  any  other  place  iu  his  jurisdiction,  and  if  fonnd  infested  with  scale  bug,  codlin 
moth,  or  other  insect  pest  injurious  to  fruit,  trees,  and  vines,  he  shall  notify  the 
owner  or  owners  or  person  or  persons  in  charge  or  possession  of  said  trees  or  place, 
as  aforesaid,  that  the  same  are  infested  with  the  said  insects,  or  any  of  them,  or 
their  eggs  or  larvie,  and  ho  shall  require  such  person  or  persons  to  disinfect  or 
destroy  the  same  within  a  certain  time,  te  be  specified.  If  within  snch  specified 
time  such  disinfection  or  destruction  hns  not  been  accomplished,  the  said  person  or 
persons  shall  be  required  to  make  application  of  snob  treatment,  for  the  purpose  Qf 


28 

deotroying  tlieiii,  an  Hnid  cnmniiaaioner  may  prettcribe.  Said  notices  may  be  servwl 
upon  thu  peritou  or  persoiin  owning  or  having  cliargo  or  ponHeiwion  of  such  inf««ted 
trees,  or  ploovs,  or  articleii,  aa  iiibreHnid,  liy  the  comraiwtionpr  or  any  person  deputed 
by  him  for  that  puriioae;  or  tliey  may  be  served  in  the  same  manner  as  a  summons 
in  It  civil  action.  If  the  owner  or  owners,  or  any  ]>erson  or  persons  in  charge  or 
possession  (in)  of  any  orchard,  or  nursery,  or  trees,  or  places,  or  articles  infested ' 
with  said  insects,  or  any  of  them,  or  their  larvie  or  eggs,  after  having  been  notified 
us  above  to  detroy  the  same,  or  make  apjtliontiou  of  treatment  as  directed,  shall 
fail,  neglect,  or  refuse  so  to  do,  he  or  they  •thall  be  deemed  guilty  of  maintaining  a 
]tublic  unisance,  and  any  such  orchards,  nurseries,  trees,  or  ]>laces,  or  articles  thus 
infested  shall  be  ac^udged,  and  the  same  is  hereby  deolareil  n  public  nuisance,  and 
may  be  proceeded  against  ns  such.  If  found  guilty,  the  court  shall  direct  the  afore- 
said county  horticultural  commissioner  to  abate  the  nuisance.  The  expenses  thus 
incurred  shall  or  may  be  a  lien  npon  the  real  property  of  the  defendant  or  property 
proceeded  against. 

Brc.  3.  Maid  horticultural  commissioner  shall  have  power  to  divide  the  county  into 
districts  and  to  appoint  a  local  inspector  foi  caoU  of  said  districts.  The  horticul- 
tural commissioner  or  bis  local  inspectors  shall  have  full  authority  to  ent«r  into  any 
orohiird,  nursery,  or  place  or  places  whore  trees  or  plants  are  kept  nnd  offered  for 
sale  or  otherwise,  or  any  house,  storeroom,  sales  room,  depot,  or  any  other  such  place 
in  their  Jurisdiction  to  inspect  the  same  or  any  part  thereof. 

Sec.  4.  The  county  horticultural  coumiissioucr  and  each  local  inspector  shall  be 
paid  for  each  day  actnally  ougaged  in  the  performance  of  his  duty  under  this  act, 
payable  ont  of  the  county  treasury  of  his  county,  such  compensation  as  shall  be 
deterndueil  by  rcstdntion  of  the  board  of  county  commissioners  before  entering  into 
the  discharge  of  his  or  their  duties. 

Hkc.  5.  The  said  horticultural  commissioner  shall  have  power  to  remove  or  dis- 
pense with  any  local  inspector  at  any  time. 

Skc.  6.  If  the  horticultural  commissioner  of  any  county  shall  fail  to  perform  thfl 
duties  of  his  oilice  s^k  retiuircd  by  this  act,  he  may  be  removed;  or,  in  case  of 
vacancy  by  death,  resignation,  or  other  cause,  the  county  commissioners  shall  fill 
snch  vacancy  thus  forme<l  by  appointment. 

Skc.  7.  It  shall  be  the  duty  of  the  county  horticultural  commissioner  to  keep  a 
record  of  his  and  local  inspectors'  official  doings,  and  to  make  a  quarterly  report  to 
the  board  of  county  commissioners,  or  they  m.ay  withhold  warrant  for  salary  of  said 
commissioner  or  local  inspectors  until  such  time  as  said  report  is  made. 

Sec.  8.  This  act  shall  take  effect  and  be  tn  force  from  and  after  its  passage. 

Approved  March  13,  18»1. 

[Note. — Up  to  January  0, 1895,  but  two  counties  iu  Idaho  had  taken 
advantage  of  this  law  and  ap^Hiinted  commisBioners.  These  counties 
were  Nez  Percez  (M.  J.  Wessels,  coininissioner)  and  Latah  (H.  A.  Bus- 
sel,  coiumissioner). — L.  O.  H.j 

NEW  JERSEY. 

Au  art  to  preveut  dnpredatious  liy  iuRoctx  iixiurioiM  tu  the  agricultural  anil  hortioaltural  interests  of 

tbis  State. 

PRKAMHLE. 

Whereas,  serious  iiyury  is  annually  caused  by  the  depredations  of  insects  to  the 
agricultural  and  horticultural  interests  of  this  State,  which  injury  may  be  lessened 
or  entirely  avoided  by  the  use  of  methods  published  ftom  time  to  time  in  the  reports 
and  bulletins  of  tlie  agricultural  esperiment  stations  in  New  Jersey;  and  such 
methods  are  quite  commonly  adopt«d  in  this  State  by  progressive  agricnlturists, 
farmers,  and  fruit  growers,  and  have  proved  effective  and  most  useful ;  and  the  refusal 
or  neglect  of  certain  other  ugrioultorists,  farmers,  and  fruit  growers  to  adopt  and 


T 


>ss. . 


-^ffi^'UM'^'J-if^Tti'.i^tk^--' 


*'>:Bwl^)M;.M«wu$)(MU^'.tiMi!4fei./ . 


> 


a 


29 


may  lie  «erv«<l 

^if  mKsb  infdMted 

perooii  deputed 

)r  as  a  summons 

^ns  iu  charge  or 

irtioles  infested . 

tog  been  notified 

direct  Ad,  shall 

)f  maintaining  a 

or  articles  thus 

lie  nuisance,  and 

I  direct  t\w  afore- 

jio  expenses  thus 

Idunt  or  property 

le  the  county  into 
The  horticul- 
to  ent«r  into  any 
t  nud  offered  for 
other  such  place 

nspeotor  Hhall  be 
By  under  this  act, 
ntion  as  shall  be 
fore  entering  into 

to  remove  or  dis- 

\\  to  perform  the 
d;  or,  in  case  of 
Hsioners  shall  fill 

Mioner  to  keep  a 

aarterly  report  to 

for  salary  of  said 

ade. 

ts  passage. 

iabo  had  taken 
riiese  counties 
ah  (H.  A.  Rn»- 


Icaltural  intereata  of 


of  insects  to  the 
may  be  lessened 
me  in  the  reports 
ersey;  and  such 
re  agricnltuhsts, 
;  and  the  refusal 
srs  to  adopt  and 


practice  such  methods  resultH  in  the  continued  reproduction  and  spread  of  such 
insect  pests,  to  the  great  damage  of  their  neighbors  and  tlin  public;  therefore, 

1.  Be  it  enactud  6y  the  »eMU  and  general  antemhly  of  Ike  Slate  of  Nete  Jereen,  That  it 
shall  be  khe  duty  of  every-  agriculturist,  gardener,  farmer,  nurseryman,  or  other 
«-nltivator  of  the  soil  in  tiin  Btute  to  adopt  and  up|tly  from  time  to  time,  in  the  pro])er 
seasons  therefor,  sucli  metliods  for  the  destruction  of  Inst'itts  injurious  to  growing 
crops  and  fVuits  of  all  Icinds  as  are  and  may  lie  advised  and  prescrilied  in  the  reports 
and  bulletins  of  the  agricultural  experiment  stations  in  this  State. 

2.  .-fad  be  it  enacted,  That  M'henevcr  ref|>>*^"ted  by  a  resolution  of  any  county  board 
of  agrirultnro  of  this  State,  at  a  meeting  of  such  board,  regnlArly  held,  tht  execu- 
tive committee  of  the  Htate  board  of  Rgrirulture  of  this  State  shall  appoint  three 
persons,  rciiidents  of  the  county  iVom  wliich  such  reijuest  shall  be  made,  to  act  as 
commissioners  or  agents  for  the  purpose  of  this  act  in  such  connty,  without  other 
compensation  than  ob  hereinafter  provided. 

3.  And  be  it  enacted,  That  whenever  complaint  shall  be  made  to  such  commis- 
sioners, or  to  any  one  of  them,  that  any  person  or  persona  within  their  connty  has 
or  have  failed,  neglected,  or  refused,  and  continue  to  fail,  neglect,  or  refuse  to  use 
such  methods  so  prescribed,  or  to  be  prescribed,  by  the  said  agricultural  experiment 
stations  iu  this  State,  or  other  equally  etficient  and  satisfactory  methods,  for  the 
destruction  of  insects  injurious  to  growing  crops  and  fruits,  on  land  in  his,  her,  or 
their  possession,  that  then  said  eonmiissiouers,  or  any  two  uf  them,  shall  notify  such 
person  or  iwrsons  so  complained  of,  in  writing,  by  service  of  such  notice,  signed  by 
them,  upon  such  person  or  persons  personally,  or  by  leaving  the  same  at  their  place 
of  residence,  that  they  are  required  under  the  penalties  provided  in  this  act  forth- 
with to  ai>ply  such  methods  so  preseribed,  or  to  be  prescribed  as  aforesaid,  for  and 
towards  the  destrurtion  of  sncli  injurious  insects.  And  said  notice  shall  specify 
the  partionlnr  sjiccies  of  insect  or  insects  complained  of,  and  the  methods  to  be 
adopted  for  their  destrnction,  with  a  reference  to  tlie  reports  or  bulletins  of  said 
agricultural  experiment  stations,  or  some  one  or  more  thereof,  where  such  insects 
and  the  methods  for  tlieir  destruction  are  or  may  lie  described— or  in  lieu  thereof 
there  may  be  served  with  such  notice  a  printed  copy  of  such  bulletins  or  reports 
and  proscribed  methods  of  destroying  insects  as  are  relied  upon,  or  a  printed  extract 
or  extracts  therefrom  setting  forth  the  methods  to  be  nsed  for  their  destruotion. 

4.  And  be  it  enacted,  That  it  shall  bo  the  duty  of  such  person  or  persons  so  notified, 
within  twenty-four  hours  after  receiving  such  notice  and  directions,  to  proceed  to 
destroy  such  insects  on  his  lands  and  premises  so  complained  of  in  the  manner  and 
by  such  methods  as  said  notice  and  directions  shall  specify ;  and  every  person  or 
persona  who  shall  neglect  or  refuse  so  to  do,  fur  the  space  of  six  days  after  receiving 
such  notice  and  directions  served  as  aforesaid,  shall  forfeit  and  pay  a  fine  not  less 
than  twenty-five  nor  more  than  one  hundred  dollars,  in  the  discretion  of  the  court, 
besides  the  costs  of  the  suit,  to  be  sned  for,  received,  and  collected  by  any  one  of 
the  commissioners  in  his  own  name,  adding  thereto  the  name  of  commissioner,  with* 
out  other  words  of  designation,  in  any  court  of  competent  jurisdiction  in  the 
county  in  which  such  offence  shall  have  been  committed. 

5.  And  be  it  enacted,  That  all  fines  and  costs  that  may  be  received  and  collected 
under  the  provisions  of  this  art  shall  belong  to  and  be  paid  into  the  treasury  of  the 
State  board  of  agricnlture  of  this  State,  to  defray  the  costs  and  expenses  incident 
to  the  enforcement  of  this  act  and  for  the  general  purposes  of  the  said  board.  Said 
expenses  to  include  such  reasonable  allowance  to  said  commissioners  for  their  serv- 
ices in  the  premises  as  may  be  made  by  the  said  executive  committee  of  the  said 
State  board  of  agriculture. 

6.  And  be  it  enacted.  That  this  act  shall  take  effect  immediately. 

[Note. — This  law  was  drafted  by  a  committee  of  the  New  Jersey 
State  Horticultural  Society,  aud  unanimously  adopted  at  the  meeting 
held  iu  January,  1804.    It  was  thea  presented  to  the  State  legislature 


I 


30 

by  the  legiHlative  committee  of  the  society,  but,  although  it  receiveu 
Htroii);  support,  it  wkh  defecated  by  n  tie  vote.  The  main  (ibjection  to  it 
in  diHcusMion  ap|ieared  to  be,  an  I  am  informed  by  Prof.  •!.  H.  8mith,  the 
fear  that  tlie  law*  \ronId  place  too  much  power  in  the  handH  of  persons 
who  might  or  miffht  not  use  it  with  good  .judgment.  At  the  time  of 
thiH  writing  it  is  expected  that  the  law  will  paas  during  the  jiresent 
seM8ion. — L.  <).  H.j 

(COLORADO. 

An  HOt  to  creain  Khtlr  antl  loimly  b<iHr<l*  iif  hortlniltiire i  dvllnn  their  iliitlea  uiiil  <'(iiii|ieniiatl<iii i  tii 
pnitert  Hli<l  pr«iiiot4<  tlm  liortiiMiltiirMi  liilfn-Miiiif  th«  State,  aDtlto  rrpenlanart  to<*iitabllehalmrean 
o(  liortlcaltiire,  approved  Maroh  8,  18H3. 

Hv  il  enaclrd  hi/  Ihf  ijentful  anBrmhlif  of  the  Slatr  of  Coloruilo: 

Skction  I.  That  ii  8t»t«  Ixmrd  of  liorticiiltnre  ia  hereby  crested,  which  ahttll  con- 
aiat  ofaix  meiuliera,  etc. 

Hv.v.  4.  For  the  piirpoMi  of  preventing  the  aprend  of  contngioiia  diiu*niies  itmonK 
frnit  and  ttnit  tnwa,  auil  for  the  prevention,  troniment,  nnre,  and  oxtirpntion  of  flruit 
peats  and  diaeiiBes  of  fruit  and  frnit  treea,  and  for  tlie  diainfectioii  of  grafta,  aciona, 
orchard  d<<briH,  empty  fViiit  lioxeb  »n<l  paclcagea,  ami  other  aiiapectiMl  uiat't^rial  or 
tranaportable  nrticlea  dangerona  to  or^iiards,  Oult,  or  frnit  treea,  said  l>oard  shall 
make  anch  regnlatioua  for  the  inapeotion  and  disinfection  thereof,  wliioh  regnlatioua 
sliall  be  circulated  in  printed  form  by  the  board  among  the  fruit  growers  and  fruit 
dealcra  of  the  8tate,  and  sliall  be  pnbliahed  in  at  least  three  iaaiies  of  a  paper  of 
general  circulation  in  the  horticultural  counties  of  the  Htate.  Such  regulations  so 
published  shall  bo  held  to  impart  notice  to  all  iiersous  within  this  State,  and  shall 
bo  binding  on  all  persona. 

Skc.  5.  Whenever  n  petition  is  presented  to  the  board  of  county  commissioners  of 
any  county,  signed  liy  fifteen  (15)  freeholders  and  poaaessors  of  an  orchard,  or  both, 
stating  that  in  their  opinion  a  necessity  exists  for  protecting  the  horticultural  inter- 
ests of  said  county,  diminishing  and  destroying  tYuit  pests  and  diseases  injurious  t«) 
fruit  trees,  plants,  vines,  and  shrnlis,  the  said  county  commissioners  shall  appoint 
three  (3)  competent  and  experienced  practical  horticulturists,  who  shall  be  known 
as  the  county  board  of  horticulture  of  such  county. 

(Snid  county  board  shall  be  auxiliary  to  the  State  board  in  the  extermination  of 
frnit  pests  and  diseases  injurious  to  fVuit,  frnit  trees,  shrubs,  and  vines,  and  to  pro- 
mote the  horticultural  interests  of  the  State.  The  members  of  said  board  shall  hold 
ottico  for  two  years,  or  until  their  successors  are  appointed,  and  serve  without  pay. 

They  shall  select  from  their  number  one  president  and  secretary,  and  shall  hold 
their  meetings  as  often  as  they  may  deem  advisable. 

Said  board  shall  appoint  a  competent,  experienced  horticulturist,  a  person  who 
shall  be  known  as  the  county  inspector.  8aid  inspector  shall  receive  three  (3)  dol- 
lars per  day  and  ten  (10)  cents  per  mile  for  each  mile  necessarily  traveled  when  in 
the  performance  of  his  duties,  to  be  paid  out  of  the  county  treasury,  bnt  his  total 
compensation  for  one  year  shall  not  excee<l  two  hundred  (2C0)  dollars.  Said  county 
commissioners  shall  fill  any  vacancy  that  may  occur  in  said  board. 

Skc.  6.  If,  upon  the  report  of  the  county  boards  of  horticultnre,  or  from  well- 
attestetl  facts  otherwise  before  it,  said  board  shall  be  of  the  opinion  that  any  locality, 
orchard,  district,  or  place  is  infested  with  fruit  pests,  or  infected  with  contagious 
iliaease  injurious  to  trees,  plants,  or  fruits,  and  liable  to  spread  to  other  localities 
to  the  injury  of  other  pei-sons  or  places,  said  board  shall,  by  »n  order  entered  upon 
its  minutes,  so  declare,  and  such  infected  orchard,  nursery,  section,  or  places  shall 
be  under  the  qiiarantine  regulations  of  the  board.  As  soon,  however,  us  in  the 
opinion  of  said  county  board  of  horticulture  the  damage  ft-om  such  locality  has 


' ' '''^»j(yl*>iH  ^V-'i''!*" -'■' 


t  ^ -^  <-,  I  »ui».-h.«.  ■.gt.-*T,\^>cjwM.ijniBMh&itiia?.'  ■•■ 


fh  it  receiveu 
hbjection  to  it 
JH.Hinith,  tbe 
mIh  of  persoiiH 
It  the  time  of 
|g  th(^  prvsent 


hi  <'<>UI|ICDII«ti<IB !  t<l 

i«  i-Ktabllsh  ■  biirenu 


rbich  mIiuII  cou- 


tlrpiitioiiofiVuit 
>f  griil'tH,  8oiona, 
ct4Ml  iiiitU*rial  or 
siiid  board  shall 
liioli  rognlatiouB 
rowers  and  fruit 
les  of  a  pai>er  of 
:h  regalations  so 
State,  and  shall 

Rommissioners  of 
orcliard,  or  both, 
rtk-ultural  iuter- 
'nses  injurious  to 
re  Bhall  appoint 
shall  be  known 

ixtermination  of 
ines,  and  to  pro- 
board  shall  hold 
•ve  without  pay. 
,  and  shall  hold 

It,  a  person  who 
ve  three  (3)  dol- 
raveled  when  in 
ry,  but  his  total 
"s.    Said  county 

B,  or  from  well- 
iftt  any  locality, 
irith  contagious 
other  localities 
9r  entered  upon 
or  places  shall 
ever,  iis  in  the 
ich  locality  has 


&1 

ceaaed,  they  niny  suspend  such  quarantine  regnlations,  and  Hhall  immcdiutely  report 
the  fact  to  I  bo  State  lionrd,  who  may  approve  or  disapprove  such  action. 

Bkc.  7.  It  Hhnll  bo  the  duty  of  the  county  board  of  liorticultural  conuniiMioncra  in 
each  county,  whenever  tliey  shall  deem  necessary,  to  cause  an  iuspection  to  Ite 
m««le  of  any  onhanl,  uurHery,  or  trees,  or  any  fruit-packing  house,  storeroom,  or 
sale*  room,  or  any  other  place  within  tlieir  lurisdictiou,  and  if  found  infested  with 
|iestH  or  iliseaHeit  iuJuriouH  to  fruits  and  fruit  trees,  vines,  and  plants,  they  shall 
notify  the  owner  or  owuerH,  person  or  peiHous  in  charge  or  possession  of  the  trees 
or  place  as  aforcNaid,  that  the  Hanie  or  any  of  them  are  infected  with  insects,  or  their 
eggs,  or  larvtf,  and  they  shall  re<|nire  such  perMtn  or  persons  to  disinfect  the  same 
within  a  cnrlnin  time,  to  be  specltled  in  said  notii  e.  If  within  such  time  such  disin- 
fection has  not  been  accomplished,  the  said  person  or  persons  shall  be  ref|uired  to 
nmke  application  of  such  treatment  for  the  purpose  of  destroying  them  as  the  said 
counuisaiouers  shall  prescribe.  Maid  noticcM  may  bo  served  n)MMi  the  person  or  per- 
sons owning  or  having  charge  of  such  infected  trees  or  places  or  articles  aforesaid, 
by  any  comniisHioner,  or  by  any  one  deputiated  by  them,  or  they  may  be  served  the 
same  as  summons  in  a  civil  action.  If  the  owner  or  owners,  person  or  persons  in 
charge  or  posHession  of  orchard  or  nursery,  trees  or  places,  or  articles  infested  with 
said  insectH,  or  any  of  tli(;m,  tlieir  liirvie  or  eggs,  after  having  been  iiotitled  as  above 
by  said  board  to  destroy  the  same  or  make  applicatitm  of  treatment  us  dintcted, 
shall  fail,  neglect,  or  refuse  so  to  do,  be  or  they  sliiill  be  guilty  of  maintaining  a 
public  nuisance,  and  shall  be  punished  by  a  tine,  tillable  in  a  sum  not  leas  than  tlve 
(5)  nor  more  than  one  hundred  (100)  dollars;  and  any  such  orchards,  nurseries, 
trees,  or  ]ilaccs  or  articles  thus  infected  after  such  conviction  shall  be  adjudged  anil 
the  same  is  hereby  declared  a  public  nnisauce,  and  may  be  proceeded  against  aa 
such. 

If  defendant  be  found  guilty,  the  court  in  its  Judgment  shall  order  the  said  county 
boani  of  horticultural  commissioners  to  abate  the  same,  and  the  expense  thus 
accrued  shall  be  taxed  up  as  costs  against  the  defendant. 

The  district  and  county  courts  shall  have  Jurisdiction  in  such  cases. 

8r(;.  8.  It  slmll  be  the  duty  of  every  owner,  possessor,  or  o<-cupier  of  an  orchard, 
nursery,  or  land  where  fruit  trees  are  grown  within  this  State,  or  any  importer  ot 
trees,  shrubs  or  vinos,  to  dlHinfcct,  ns  may  be  directed  by  the  county  boards  of  horti- 
culture all  fruit  trees  grown  on  such  lands  infested  with  any  insect  or  insects  or  the 
germs  thereof,  or  infected  with  any  contagious  disease  known  to  be  injiirions  to  iVuit 
or  tViiit  trees,  shrubs,  or  vines  before  the  removal  of  the  same  from  said  premises  for 
sale,  gift,  or  distribution  or  transportation. 

8iec.  9.  In  counties  not  having  a  coanty  board  of  horticultural  commissioners,  the 
State  board  shall  possess  the  same  powers  ond  perform  the  same  duties  im  devolve 
upon  the  county  board. 

Sxc.  10.  The  State  board  shall  have  power  to  anthorize  the  holding  of  State  horti- 

cnltnral  exhibitions  (etc.).  . 

•  «  «  «  «  «  .    n  ' 

Skc.  15.  In  the  opinion  of  the  general  assembly  an  emergency  exists ;  therefore 
this  law  shall  be  in  force  and  eti'ect  from  and  after  its  passage. 
Approved,  April  5,  1893. 

Regulations  e8tal>]iHlie<l  by  tiie  Colorado  State  RnnnI  of  Hortieultiira  for  th(>  iiiH)iertioii  anddisinfer- 
tion  of  graftR,  scioiiH,  iirohard  debris,  empty  fruit  bozeH  and  packagew  and  other  HaM|i«ctfMl  material 
or  transportable  articles,  dangerous  to  orrhanls,  fruit,  or  ftnit  tree*,  in  compliance  with  section  4  of 
an  enactment  by  the  genernl  asRenibly  of  the  State  of  Colorado,  entitled  "An  act  to  create  State  and 
county  bonnis  of  horticulture;  doline  their  duties  and  compenBalioD;  to  protect  and  promote  the 
horticultural  interests  of  the  State." 

Article  1.  It  shall  Ite  the  duty  of  every  owner,  possessor,  or  occupier  of  an  orchard, 
nursery,  or  land  where  fruit  trees  are  grown  within  this  State,  to  disinfect  all  tVuit 
trees  grown  on  such  lands  infested  with  any  insect  or  insects,  or  the  germs  thereof, 
pr  infected  with  any  contagions  disease  known  to  be  injurious  to  fruit  or  fruit  trees, 


82 

1ii«riirt>  tli«  ii'iHOx It)  of  thti  Nuiue  rniiii  hiivIi  prciiilUH  for  aule,  gilt,  tUittribiitiou,  or 
tr»nN)Hirtatiou. 

I'lnit  ItoxeN  which  have  been  iimU  for  itM|ipiiiK  fruit  to  any  di^Mtinntioii  ari>  hereby 
ri'i|iiii'<Ml  to  li«  (liMMifectcd  pii'MoiiM  to  tht'ir  lii-int;  iiMt>il  for  iiny  |Mir|ioNf. 

All  boxen  nitnriicti  to  itiiy  orcbiirti,  Ntort-rooin,  siilim  room,  or  any  |»bir«  iiituil  or  to 
b«<  iiMtMl  for  HtoniK<<.  Nlii|i]iliig,  or  iiny  otiier  |)ur|HiH<-,  iiiiiNt  bo  iliMiiifuctiul  within  throe 
ilsyH  aftrr  tlit^ir  ri'tnrii. 
1  All  iia<  kuKci  known  im  frcit  packuKnH  nuiMt  b<-  <k>Htrnyo<l  or  diiilnfectoU  lH>forfl  being 

}  nNe<l  iiK'nn. 

Aitr.  '2.  It  Mhtill  bn  the  <lnty  of  the  ownttr,  leHMf><>,  or  occn|)i«r of  any  orcbanl  within 

thiH  Ktatu  to  gather  all  fruit  infpittiHl  by  thit  iniwM-tH  known  iw  the  rtHlling  uiotb, 

:"j,  iHMK'li  moth,  red  HpiiUtr,  plum  weevil,  or  kindred  noxiouH  inaectii,  their  litrvic  or 

ii!'ll  pupa-,  which  hat)  falli  u  from  the  trite  or  lrc«'M,  aH  often  aH  once  u  week,  and  <liHpoMe 

of  or    deHtroy  the  same   in  miicIi  manner  an  to  otfectually  deatroy  all  auch  inaects, 

their  larva-  or  pupie. 

It  ahall  bo  the  duty  of  county  inapectorx  of  fruit  peHta  to  innpcct  iVuit  pac.kagoa 
nnd  all  treea  and  |danta,  cuttiuKH,  grafta,  and  nciona  known  or  believed  to  Ihi 
infcHted  by  any  iiiHect  or  iimectH  or  the  germa  thereof,  or  their  ogga,  larva*,  or  pupa-, 
in,|urion:4  to  fruit  or  fruit  treow,  or  infected  with  any  diaeUHe  liable  to  aprnad  oon- 
tngion,  imported  or  brought  into  tliia  State  from  any  foreign  country  or  from  any  of 
the  I'liitedBtateaor  Territoriea;  and  if,  upon  iiiapection.auch  treea,  planta,  unttinga, 
graftn,  aoiona,  or  fruit  packagea  are  foniul  to  be  iufeated  or  infeut«<d,  the  aame  ahall 
not  be  offered  for  anle,  gift,  diHtribution,  or  tranaportation  unluaa  they  ahall  be  flrat 
diaiufected. 

Akt.  3.  Every  peraon  ahijiping  fruit  treea,  aciona,  cuttinga,  or  planta  from  any 
orchard,  nursery,  or  other  place  where  they  were  grown  or  produced,  ahall  place  upon 
or  aeeurcly  attach  to  each  box,  package,  or  jtarcel  containing  aiich  fruit  treea,  aciona, 
cuttingH,  ur  ]dantN  a  diatinct  mark  or  laltcl,  allowing  the  name  of  the  owner  or  ship- 
per and  the  locality  where  produceil ;  nnd  any  pttrson  who  shall  canae  to  be  abipped, 
tranaported,  or  removed  from  any  R>eality  declared  by  the  Htato  board  of  horticulture 
to  b()  infeated  with  fruit  tree  or  orchard  pests,  or  infected  with  contagiona  diaeaaea 
iu.juriouH  to  treea,  planta,  or  fruits,  nnleaa  the  arimu  ahall  have  been  previously  disin- 
fected, ahall  be  |>roco«ded  agninst  according  to  law. 
When  diainfecte«l,  the  fact  ahall  be  atamped  upon  each  box,  packag<>,  or  separate 
;.  parcel  of  frnit  treea,  aciona,  cuttinga,  or  planta;  and  any  peraon  who  ahull  cause  to 

I  Ite  shipjied,  trauaportt-d,  or  removed,  any  Huuh  box,  parcel,  or  package  from  a  quar- 

li;'  .:  antine  diatrict  or  locality  not  bearing  aiu-h  ataui|i,  or  who  shall  fulaely  cause  such 

atamp  to  be  uaed,  or  ahall  imitate  or  counterfeit  any  atamp,  or  device  for  such  pur- 
]ioae,  shall  be  proceeded  against  aoitording  to  law. 

AuT.  4,  It  shall  lie  the  special  duty  of  each  county  inspector  to  see  that  the  pro- 
viaiona  of  these  regulations  nre  put  in  force  anil  effect  within  his  .jurisdiction  and  all 
>    .  ofl'eiiders  puniahed  according  to  law. 

'  Aur.  5.  All  fruit  tretn  i,  feated  by  any  inaect  or  iusecta,  their  gernia,  larva-,  or  pupie, 

or  infected  by  any  (h-i.n.tfl  ■  nowii  to  be  injuriona  to  fruit  or  frnit  treea,  and  liable  to 
spread  contagion,  unmt  be  cleaned  or  diainfected  before  the  tirat  day  of  May,  1893, 
and  on  or  before  ilw  t' ceX  day  of  April  of  every  aucceeding  year  thereafter.  All 
owners  or  occupant.^  ci  land  shall  'comply  with  the  proviaiona  of  tliia  acction. 

All  fruit  paekagea,  treea,  planta.  cuttings,  grafts,  and  aciona  that  ahall  not  be  disin- 
1'ect.ed  within  twenty-four  hours  after  notice  by  the  county  inspector  of  fruit  pests 
or  the  county  board  of  horticulture,  shall  bo  liable  to  be  proceeded  against  as  a 
public  nuisance. 
Akt.  6.  The  county  inspector  in  each  county  ahall,  whenever  it  may  be  deemed 
'  necessary,  make  an  inspection  of  any  orchard,  or  treea,  plants,  vines,  or  fruits,  or  any 

fruit -packing  house,  storeroom,  salcarooin,  or  any  other  place  or  article  in  his  juris- 
diction, and  if  fouiiil  infested  with  scale  insects  or  codling  moths,  or  other  pests 


1 


tvw-:iin^'«if*I»fc.irf*;*?-t*!-»r'ifct*JWi^g&<*^,'-^';i«Mlil«S!rf^atA**iM?^^ 


.Mun^^ 


lilmtributiou,  or 

lition  iiri>  iiereby 

In*'. 

Iilurti  iiHutI  or  to 

Iti'il  within  three 

■toil  iM't'oro  being 

nrcliani  witliiu 
tckIIImk  uioth, 
thoir  lurvii-  or 
|»f)k,  an<l  <IiH|ioNo 
til  such  inaoota, 

:  fruit  iiacknKD* 
believed  to  Im) 
liirvii',  or  pnpii', 
lit  to  Mpnmd  oon- 
y  or  ftoiu  any  of 
jilantH,  unttingn, 
1,  the  Hunie  shall 
hey  dliall  be  tint 

I>lant8  from  any 
Hball  place  npon 
uit  trccH,  Hciung, 
10  owner  or  ahip- 
iHe  to  1m3  shipped, 
-d  of  horticulture 
itngions  diHuiitios 
previously  disin- 

kagc,  or  separate 
ho  Mhall  cause  to 
a^u  from  a  quar- 
ilttely  cause  such 
'ice  for  such  pur- 

90  that  the  pro- 
risdictioD  and  all 

I,  larvii',  or  pupie, 
ees,  and  liable  to 
ay  of  May,  1893, 
thereafter.  All 
s  section, 
hall  not  be  disin- 
or  of  fruit  pests 
led  against  as  a 

may  be  deemed 
,  or  fruits,  or  any 
tide  in  his  juris- 
»,  or  other  pests 


inJarioiM  to  ttnit,  pUntN,  trees,  or  viiies,  or  with  their  eggs  or  lanra*,  he  ttaall  notify 
tha  owner  or  owven  or  person  or  p«>i*Hona  in  charge  or  in  poaseaalon  of  said  pUcea.or 
orchards  or  nunwriet,  trees  or  plants,  vluf«,  I'rnit,  ur  articles  as  afoioaaid,  that  the 
sama  are  infested  with  saiil  inseclH  or  other  peats,  or  any  of  tliein,  or  their  eggH  or 
larvw,  and  he  shall  ret|uire  nuch  person  or  peritoas  to  eradicate  or  destroy  them,  the 
said  insoata  or  other  pests,  or  their  eggs  or  larvu-,  within  a  certain  time  to  Ite  speci- 
fied by  him.  Hhonid  snch  owner  or  o«  ncrs,  person  or  persons  in  charf*  or  posseasioii 
of  orchard  or  nursery  trees,  or  places  or  articles  infcHta<l  with  s»i«i  innects,  or  any  of 
them,  their  larva*  or  eggs,  alter  having  been  notitled  as  above  by  said  county  insfteotor 
or  county  board  of  liortioolture,  or  the  Htate  lioard  of  horticnlture.  to  destroy  tha 
same  or  make  application  of  treatment  as  directeil,  shall  fail,  neglect,  or  refiise  so  to 
d«>,  then  proceedings  shall  be  taken  against  snch  person  or  persons  for  maintaining  i 
public  nuisance,  as  provided  by  law.  Whenever  any  such  nuisance  shall  be  found  t> 
exist  at  any  place  within  the  Jurisdiction  of  any  connty  inspector  or  on  the  property 
of  any  nonresident,  or  on  any  property,  the  owners  of  which  can  not  be  found  by  the 
county  inspector  after  diligent  search  within  the  connty,  or  upon  the  property  of 
any  owner  or  owners  upon  which  notice  aforesaid  has  been  served,  and  who  shall 
refiise  or  neglect  the  same  within  the  time  specified,  it  shall  be  the  duty  of  the 
county  ins]>ector,  acting  under  the  onlers  of  the  county  board  of  horticulture,  or  State 
board  of  horticulture,  to  cause  such  nuisance  to  be  at  once  abated  by  eradicating  or 
deatroylng  said  insects  or  other  pests,  or  their  eggs  or  lame,  and  shall  make  an 
expense  bill  thereof  and  present  same  to  board  of  county  commissioners  for  payment. 

AitT.  7.  Disinfection,  as  provided  by  these  regulations,  shall  be  to  the  satisfaction 
of  the  county  board  of  horticulture  having  Jurisdiction. 

Art.  8.  Any  person  or  persons  or  corporation  violating  any  of  these  regulations 
shall  be  proceeded  against  according  to  law. 

Passed  at  a  meeting  of  the  board  of  horticnltnre  held  at  the  secretary's  otHce,  in 
Denver,  Colorado,  this  the  8th  day  of  April,  1883. 

W.  B.  OSBORN,  Pretident,  Loveland. 
John  Tobias,  Secretary,  Denver, 
C.  W.  Stkelr,  Grand  Junction. 
David  Brotiikrs,  Wheat  Ridge. 
W.  8.  COBUHN,  Paonia. 
Memhere  Colorado  State  Board  of  IIorUoHlture, 

BBITIBB  COIiUMBIA. 
Chapter  XX. 

An  set  to  eonsolidsta  and  smsnd  the  set*  renpectlng  the  Pravlnoial  Board  of  Hortlcnltniv. 

Her  Maieety,  by  and  with  the  advice  and  eonunt  of  (A«  Ugielative  aeeembly  of  the 
Province  of  Britiih  Columbia,  enao$e  aefollotee: 
Skctiom.  1.  This  act  may  be  cited  as  the  "  Horticultural  board  act,  1894." 
Sec.  2.  There  is  hereby  created  a  provincial  board  of  horticulture,  to  consist  of 
two  ex-offlcio  members,  vis,  the  minister  of  agriculture  and  the  statistician  (who 
shall  act  as  secretary  of  the  board)  and  five  members,  who  shall  be  appointed  by  the 
lieotenant-govemor  in  council,  one  from  each  of  tho  horticultural  'listricts  which 
are  hereby  created,  to  wit: 

[Bnnmeratlon  of  dlstrloin.] 

Sec.  3.  The  members  shall  reaide  in  the  districts  for  which  they  are  appointed ; 
they  shall  be  selected  with  reference  to  their  study  of  and  practical  experience  in 
horticulture  and  the  industries  dependent  thereon;  they  shall  hold  office  for  a  term 
of  four  years,  and  until  their  snocessors  are  appointed  and  qualified;  but  any  retir- 
ing member  of  the  board  shall  be  eligible  for  reappointment :  Provided,  however,  that 
three  of  the  board  first  appointed  (to  bo  determined  by  lot)  shall  retire  at  the  expira- 
12125— No.  33 3 


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85 


la 


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tion  of  two  years.  All  '""fancies  in  the  boaiu  nhall  be  filled  by  appointment  of 
the  lientenunt-governor  in  council,  and  shall  be  for  tho  unexpired  temi. 

Skc.  4.  The  lieutenant-governor  in  council  niuy  appoint  a  treasnrer  of  the  board, 
who  shall  give  a  bond  to  the  lieutenant-governor  in  council,  with  two  or  more 
suflScieut  sureties,  in  the  sum  one  thousand  dollars  for  the  faithful  perforninice  of  his 
duties.  The  treasurer  shall  hold  bis  appointment  at  the  pleasure  of  the  lioutonant- 
governor  in  council.  Before  entering  upon  the  discharge  of  his  duties,  each  mem- 
ber of  the  board  shall  take  and  subscribe  to  an  oath  of  allegiance,  and  to  faithfully 
discharge  the  duties  of  his  office,  which  said  oath  shall  be  filed  with  the  provincial 
secretary. 

Sec.  5.  The  board  shall  receive,  manage,  use,  and  hold  donations  and  bequests  of 
money  and  property  for  promoting  the  objects  of  its  formation ;  it  shall  meet  in  the 
months  of  April  and  October  of  each  year,  and  as  much  oftener  as  it  may  deem 
expedient,  for  the  consultation  on  and  for  the  adoption  of  those  measures  that  will 
best  promote  the  horticultural  industry  of  the  province :  it  may,  but  without  expense 
to  the  province,  select  and  appoint  competent  and  qualified  persons  to  lecture  in 
each  of  the  districts  named  in  section  two  of  this  act,  for  the  purpose  of  encouraging 
and  improving  practical  horticulture,  and  imparting  instruction  in  the  best  methods 
of  treating  diseases  of  fruits  and  fruit  trees,  cleaning  orchards,  and  exterminating 
orchard  pests. 

Sec.  6.  The  office  of  the  board  shall  be  located  ut  the  Department  of  Agriculture ; 
it  shall  be  kept  open  to  the  public,  subject  to  the  rules  of  the  board,  every  day 
except  SundayK  and  public  holidays,  and  shall  be  in  the  charge  of  the  secretary 
during  the  absence  of  the  board. 

Skc.  7.  For  the  purpose  of  preventing  the  spread  of  contagious  diseases  in 
orchards  and  gardens  and  among  fruit  and  fruit  trees,  and  for  th.3  preveuMon,  treat- 
ment, cure,  and  extirpation  of  fruit  pests  and  the  disease  of  fruits  and  fruit  trees, 
and  for  the  disinfection  of  grafts,  scions,  or  orchard  dt^bris  ompty  fruit  boxes,  or 
packages  and  other  suspected  material  or  transportable  articles  dungei'ous  to 
orchards,  fruits,  and  fruit  trees,  said  board  may  make  regulations  for  the  inspection 
and  disinfection,  or  destruction  thereof,  or  of  nonfruit-bearing  trees  or  shrubs 
which  may  carry  contagion,  and  also  for  requiring  all  cases  r .'  coutagious  diseases, 
or  fruit  pests,  as  aforesaid,  to  be  reported  to  the  board,  which  regulations  shall 
be  circulated  in  printed  form  by  the  board,  among  the  fruit  growers  and  fruit  deal- 
ers of  the  province,  and  shall  be  published  in  the  Dritish  Columbia  Gazette,  and, 
at  the  discretion  of  the  board,  in  papers  of  general  circulation  in  the  province, 
and  shall  be  posted  in  three  conspicuous  place!^  in  each  district,  one  of  which 
shall  be  a  court-house  therein ;  and  every  such  regulation,  when  published  in  the 
British  Columbia  Gazette,  shall,  so  far  as  the  same  shall  not  have  been  in  like  man- 
ner repealed  or  varied,  be  deemed  to  be  and  have  the  force  of  law,  nnd  be  so  recog- 
jiized  in  all  courts  in  the  ]>rovince. 

(a)  In  and  by  such  regulations  the  board  may  fix  and  impose  any  fine  or  penalties 

for  the  enforcement  of  the  provisions  thereof  not  exceeding  in  amount  the  fines  and 

'  penalties  hereinafter  provided  in  case  of  the  evasion  of  any  of  the  provisions  of  this  act. 

(6)  All  fines  and  penalties  imposed  by  any  such  regulations  shall  be  recovered  with 
costs  upon  summary  conviction  before  auy  justice  of  the  peace,  in  accordance  with 
the  provisions  of  the  "Summary  convictions  act,  1889,"  and  when  collected  shall  be 
paid  over  to  the  treasurer  of  the  board  for  the  purposes  of  this  act. 

Sec.  8.  The  lieuteuaut-goveruor  in  council  shall  appoint,  from  the  number  of  the 
board  or  from  without  tlieir  number,  to  hold  office  at  the  pleasure  of  the  lieutenant- 
governor  in  council,  a  competent  person,  especially  qualified  by  practical  experience 
in  horticulture,  who  shall  be  known  ns  "  luspector  of  fruit  pests."  It  shall  be  the 
duty  of  said  inspector  to  visit  the  horticultural  districts  of  the  province  to  see  that 
all  the  regulations  of  said  board  bo  made  known  to  the  people  of  the  province,  and 
to  eufor<;e  this  net  nnd  the  said  regulations  in  the  manner  therein  or  in  the  act  pre- 


scribed. The  inspector  shall,  i¥om  time  to  time  and  whenever  required  by  the  boMd, 
report  to  it  such  information  as  he  may  secure  from  observation,  experienee,  and 
otherwise,  as  to  the  best  nietho<l  of  diminishing  and  eradicating  fruit  pests  and  dis- 
eases from  orchards,  and  also  suggestions  as  to  practical  horticulture,  the  adoption 
of  produce  suitable  to  soil,  climate,  and  markets,  and  such  other  facts  and  informa- 
tion as  shall  be  calculated  to  advance  tha  horticultural  interest's  of  the  province. 
The  inspector  shall,  ttom  time  to  time,  under  the  direction  of  the  board,  hold  meet- 
ings throughout  the  province  in  the  interests  of  horticulture,  aud  impart  such  infor- 
mation and  instruction  to  fruit  growers  and  farmers  ns  may  tend  to  the  improve- 
ment and  expansion  of  the  fruit  industry  of  the  pro>  ince. 

Sec.  9.  Any  member  of  the  board,  their  inspector  or  agent,  upon  the  complaint  of 
interested  parties,  or  upon  his  own  motion,  may  inspect  or  cause  to  be  inspected, 
fruit,  trees,  plants,  grafts,  scions,  nursery  stock  of  all  descriptions,  orchard  d6bri8, 
empty  fruit  boxes  or  packages,  and  other  material,  orchards,  nurseries,  and  other 
places,  suspected  or  believed  to  be  infested  with  fruit  pests,  or  infected  with  con- 
tagious diseasesinjuriousto  trees,  plants,  or  fruits,  audfor  the  purposes  thereof  he  shall 
have  fiill  power  and  authority  to  enter  in  and  upon  any  farm,  orchard,  nursery,  or  gar- 
den, orany  bam,  warehouse,  storehouse,  shop,  or  other  place  or  building,  andif  heshall 
find  that  the  said  frnit,  trees,  plants,  grafts,  scions,  nursery  stock  of  all  description, 
orchard  d6bris,  empty  fruit  boxes  or  packages,  and  other  material,  orchards,  nurs- 
eries and  other  places  are  infested  with  fruit  pests,  or  affected  with  contagious  dis- 
eases injnrions  to  trees,  plants,  or  fruitn,  as  aforosaid,  such  member  or  inspector  or 
agent  shall  notify,  in  writing,  the  owner  or  person  having  charge  of  such  firomises  or 
property,  within  a  time  to  be  prescribed  in  such  notice,  to  treat  and  disinfect  said 
premises  or  property  in  the  manner  presented  in  such  notice;  and  such  property  shall 
not  be  removed  after  the  owner  or  person  in  charge  of  tho  same  sh.ill  have  been 
notified  in  writing,  as  aforesaid,  without  the  written  permission  of  a  member  of  the 
board  or  the  inspector;  and  if  the  person  so  notified  shall  neglect  or  refuse  to  treat 
and  d<  .infect  the  said  premises  or  property,  in  the  manner  and  within  the  time  pre- 
scribed in  the  said  notice,  such  person  shall  be  deemed  guilty  of  a  violation  of  this 
act :  and  if  it  appears  on  the  trial  that  any  orchard,  trees,  nursery,  bnilding,  or  any 
other  structures,  premises,  or  property  in  charge  of  or  belonging  to  the  defendant 
referred  to  in  said  notice,  or  any  part  of  such  structures,  premises,  or  property,  ia 
infested  or  affected  as  aforesaid,  the  court  may  order  whatsoever  of  the  same  is  ho 
infested  or  affected  to  be  disinfected  or  destroyed  within  a  time  to  be  mentioned  in 
said  order,  or  may  make  any  other  order  that  it  shall  deem  fit:  andif  such  order  be  not 
obeyed  within  the  time  therein  specified,  it  sh'iU  be  the  duty  of  the  board,  orof  some 
member  thereof,  or  of  their  inspector  or  agent  to  execute  such  order,  and  the  costs 
and  disbursements  ci  the  prosecutioa  shall  be  adjudged  against  the  party  convict<  }. 
as  aforesaid. 

(a)  Incase,  v\'>a  inspection  as  herein  provided,  the  member  of  the  board,  inspec- 
tor, cr  agent  finds  any  of  the  premises  to  be  infested  with  fruit  pests  or  affected 
with  contagious  disease,  but  is  unable  to  take  the  proceedings  herein  provided  by 
reason  of  there  being  uu  p(-rson  in  charge,  or  either  the  owner  or  his  whereabouts 
being  unknown,  he  shall  he  at  liberty  to  cause  the  same  to  be  disinfected,  and  the 
costs  and  expenses  thereon  shall  be  a  lien  upon  the  propel  'y,  which  may  be  euforoed 
by  seizure  and  sale  of  a  sufficient  quantity  thereof  to  satisfy  the  same:  Provided, 
however,  that  no  property  shall  bo  destroyed  under  this  subsection  until  an  order 
therefor  has  been  obtained  from  a  justice  of  thn  peace,  which  order  any  justice  is 
hereby  authorized  to  make  upon  proof  of  the  urgency  of  the  case  or  of  reasonable 
efforts  having  been  made  to  ascertain  the  owner  or  person  who  should  be  in  charge 
of  the  infected  property. 

Sec.  10.  It  shall  be  the  duty  of  the  secretary  to  attend  all  meetings  of  the  board, 
and  to  procure  recoj-ds  of  the  proceediuge  and  correspondence,  to  collect  books, 
pamphlets,  periodicals,  and  other  documents  containing  valuable  information  relat- 


36 


«T 


ing  to  hortionltnre,  and  to  prefl«rvfl  the  same;  to  collect  statistics  and  Hher  infonna> 
tion  showing  the  actual  condition  and  progress  of  hortioultare  in  this  province  and 
elsewhere;  to  correspond  with  agricultural  and  horticultural  societies, colleges,  and 
suhoolti  of  agriculture  and  horticulture,  and  other  persons  and  bodies,  as  he  may  be 
directed  by  the  board ;  and  prepare,  as  required  by  the  board,  reports  for  publication. 

Sko.  11.  The  treasurer  shall  receive  all  moneys  belonging  to  the  hoard,  and  pay 
out  the  same  only  for  bills  approved  by  it,  aud  sball  render  annually  a  detailed 
account  to  the  board  of  all  receipts  and  disbursements. 

Sec.  12.  The  board  shall  annually,  in  the  month  of  January,  report  to  the  minister 
of  agriculture  a  statement  of  its  doings  and  any  regulations  made  under  this  act, 
with  a  copy  of  the  treasurer's  account  for  the  year  preceding,  and  abstracts  of  the 
reports  of  the  inspector  of  fruit  pests,  and  of  the  secretary ;  and  such  reports  shall 
be  laid  before  the  legislative  assembly  immediately,  if  it  be  in  session,  or,  if  not, 
within  fifteen  days  after  the  opening  of  the  next  session  thereof.  The  members  of 
the  board  shall  receive  as  compensation  for  their  services  their  mileage  actually 
paid  out  when  attending  the  meetings  of  the  board,  aad  t'tiuil  bn  allowed  a  sum  Tiot 
exceeding  five  dollars  a  day  for  time  actually  employe<<,  to  be  fixed  hy  the  lieutenant- 
governor  in  council. 

Sec.  13.  The  said  board  shall,  when  makiag  its  annnal  statement,  '^pott  to  the 
minister  of  agriculture  what,  if  any,  legislation  is  needed  in  aid  oC  tht)  ,.•.'■  t,i  uUnrnl 
aud  fhiit-growing  interests  of  the  province. 

8kc.  14.  The  powers  and  duties  devolving  by  this  act  upon  the  k  »  ".  .  ».id  the 
in8i>eotor  of  fruit  pests,  in  relation  to  fruit  und  fruit  trees,  shall  ex  and  1  >  hops  and 
hop  plants  for  the  purpose  of  preventing  the  spread  of  disease  among  hops  rtnd  hop 
plants,  and  of  extirpating  any  pests  aflfecting  the  same. 

Sec.  16.  Every  person  violating  the  provisions  of  this  act  shall  be  liable,  upon 
summary  conviction  before  one  justice  of  the  peace,  to  a  penalty  not  oxceeili  ig  fifty 
dollars. 

Src.  16.  The  "Horticultural  boaid  act,  1892,"  and  the  "Horticultural  board  act 
(1892)  amendment  act,  1893,"  are  hereby  repealed,  and  the  foregoing  provisions  sub- 
stituted in  lieu  thereof. 

Provincial  Board  ok  Horticdlture. 

[Rulea  and  regulations  made  and  published  under  authority  of  section  7  of  the  "Horticultural  htiard 

act,  1894."] 

rule. 

Section  1.  These  regulations  may  be  cited  as  the  "Horticultural  regulation 
1894." 

Definition  of  pe»U. 

Sec.  2.  In  these  regulations  the  word  "  pests"  shall  mean  and  include  woolly  apuis 
apple-tree  aphis,  scaly-bark  louse,  oyster-shell  bark  louse,  Sau  .Josi^  scale,  red  scale. 
liorers,  codlin  moths,  currant  worms,  or  other  known  injurious  insects,  an«<  oil  fun- 
gous diseases. 

Notification  of  the  pretence  of  pestt. 

Sec.  3.  AH  nurserymen,  fruit  growers,  and  all  persons  owning,  occupying,  or 
managing  an  orchard,  garden,  or  nursery  infested  with  any  ][>est  shall  notify  the 
niouiber  of  tlio  board  for  the  district  in  which  such  orchard,  garden,  or  nursery  is 
looctted,  or  the  secretary  or  inspector,  or  the  agent  of  the  board  in  the  district,  of 
the  fact  tiiat  such  orchard,  garden,  oi  nursery  is  so  infested. 

Itt$pection  of  nursery  ttook.  ■■'■( 

Sec.  4.  All  dealers,  nurserymen,  or  persons  importing,  selling,  or  disti;!>' .  ;'^ 
nursery  stock,  trees  or  plants,  for  which  no  clean  certificate  is  in  force,  shall,  bi;ti  .e 
distributing  or  offering  for  sale  any  article  above  meutioued,  notify  the  member  of 


th«  board,  his  agent,  or  representative  in  whose  district  any  anoh  article  is  found,  or 
the  secretary  of  tha  board,  or  the  inspector  of  frnit  jMsts,  who  shall  inspect,  or  cause 
to  be  inspected,  such  nursery  stock,  trees,  or  plants,  and  if  they  are  found  to  be  f^ee 
ftom  pests  shall  issue  a  certificate  to  the  owner  or  person  in  charge,  stating  that  said 
articles  appear  to  be  free  from  pests.  Such  certificate  shall  be  in  force  tor  three 
iQonths  Stova  date  of  issue  unless  revoked  by  farther  inspection. 

Ditinfection  of  nnreerfi  otook,  tree$,  andplante. 

Skc.  6.  All  persons  owning  or  having  in  their  possession  onrsery  stock,  or  tree* 
and  plants  of  any  kind,  infested  with  insect  pests  or  fungous  disease,  shall  oanse 
-the  same  to  be  disinfected  and  cleansed  by  using  the  remedies  herein  prescribed,  or 
each  other  insecticides  and  fungicides  as  may  lie  found  effective  and  are  approved 
of  by  a  member  of  this  board  or  the  inspector  of  ttnit  pests,  and  no  such  infested 
nursery  stock,  trees,  oi  plants  shall  be  sold,  forwarded,  distributed  or  parted  with 
until  a  certificate  of  the  satisfactory  cleansing  thereof  shall  have  been  obtained 
flrom  a  member  of  this  board,  or  his  agent,  or  the  inspector  of  fhiit  pests. 

/fispeetioM  of  imparled  fmit. 

Sec.  6.  All  importers  of  f^uit  must  give  notice  to  a  member  of  the  lK>ard  of  horti- 
culture, or  his  agent,  or  the  inspector  of  fhiit  pests,  upon  the  arrival  of  any  and  all 
shipments  of  flruit;  and  all  fruit  and  f^nit  packages  imported  into  this  province 
shall  be  inspected,  and  if  found  to  be  free  flrom  insect  pests  aud  fungous  disease  a 
clean  certificate  shall  be  issued  therefor  in  conformity  with  the  rules  and  regula- 
tions of  the  provincial  board  of  horticulture :  Provided,  however,  That  no  ftuit  or 
frnit  packages  imported  into  this  province  shall  be  removed  from  any  dock,  wharf, 
mole,  or  station  where  such  ftuit  or  fmit  piMikages  have  been  landed,  before 
inspection  and  such  clean  certificate  thereof  shall  have  been  obtained,  and  all  such 
Amit  and  fruit  packages  as  may  be  found  infested  with  any  insect  pest  or  fnagous 
disease  shall  be  either  destroyed  by  the  importers  thereof  by  such  process  as  any 
member  of  this  board,  the  inspector  of  flrnit  jiests,  or  any  agent  appointed  by  this 
board  may  direct,  or  shall  be  reshipped  by  the  importers  thereof  to  the  country 
from  whence  such  infested  A-uit  was  exported. 

In»ptetion  of  imported  and  hotne-grown  frnit. 

Sbo.  7.  All  fruit,  whether  imported  or  grown  in  this  province,  or  exposed  for  sale, 
shall  be  subject  to  inspection  under  the  authority  of  this  board,  and  if  found  to  be 
infected  with  any  injurious  insect  pest  or  the  larvie  thereof,  shall  be  quarantined  or 
may  t>e  destroyed  at  the  expense  of  the  owner  of  said  trait  by  such  methods  as  this 
board  or  its  agents  may  direct. 

Labeling.       . 

8e<'.  8.  All  persons  shipping,  sending,  or  delivering  any  frnit,  frnit  trees,  sclona, 
cuttings,  or  plants  within  the  province,  shall  place  upon  or  securely  attach  to  each 
box,  crate,  or  other  package  or  parcel  containing  the  same  a  distinct  stamp,  mark, 
or  label  showing  the  name  of  the  producer  and  the  shipper  or  sender,  and  the  locality 
where  grown. 

Treatment  of  nuraerfi  etoek. 

Src.  9.  All  infected  nursery  stock  shall,  before  being  distributed,  be  disiufeoted 
by  dipping  in  a  solution  of  one  pound  caustic  soda  (concentrated  lye)  and  one  pound 
whale  oil  soap  to  every  five  imperial  gallons  of  water,  thoroughly  dissolved,  and 
applied  at  one  hundred  and  three  degrees  Fahrenheit,  in  a  vat  or  any  suitable  vessel, 
or  the  said  nursery  stock  may  be  disinfeetod  by  covering  with  an  air-tight  tent  or 
box,  and  for  each  and  every  one  hundred  cubic  feet  of  space  therein  one  ounce  of 
fused  cyanide  of  potassium  (fifty-eight  per  cent),  one  fluid  ounce  of  sulphuric  acid, 


SiniPSSHMS 


S8 

„   ..         ^«r.«4^^r.hii1llMnae4l     The  cyanide  of  potaMianiBhftll  be  placed 

ioiirfl  l.m«.  »«.«->'»«..  p~»  or  ,U.ir  Ur..  .»  d»«.,«l. 

Kemedie*. 
IHore  follow.  « lengthy  en..m.^r«tio..  of  rem«dlr«  n»  M^itlon  10.1 

«,n  1 1    Where  mstH  or  ftinguB  diseases  are  fonnd  to  exist  during  the  growing  sea- 
8KC  1  .  Where  pe-ts  or  ^^f  ^^  ^^..^  ^„,i  ^..ch  remedies  applied  as 

son,  while  the  *'«««*'«/" ^"^['^^."^J^Hty  of  the  hoard  from  time  to  time,  so  that 

riVrsTdT::::;r:tTrrh:^L 

dormant  season  can  l»e  safely  applied- 

Deatruetion  of  pachagen. 

a  All  boxes  crates  or  other  packages  or  wrappings  which  have  contained 

i„fel<      aC  "o^U  lli  he  destro'yed  by  «re  immediately  aft«r  the  removal  of 

the  contents  thereof. 

Hop  field*. 

SPC  13.  Where  hop  fields  are  infested  with  the  hop  louse,  spraying  must  be  done 
as  the  board  fVom  time  to  time  shall  recommend. 

renaltlea, 

j„i«ttni»  tlift  nrovisioiis  of  the  "K'>rticultnral  board  act, 
Skc.  U.  Every  person  violating  tl  e  P'^  ''""7'  "^^j^^j^i  ^oard  of  horticiltuie 

SK?;™rr^r:rLr\iiTr%.~,  .o . ,»..., .». 

exceeding  fll^jT  dollars  for  each  offense. 

Repealing  former  rulet  and  regulation*. 

svr  15  All  rnles  and  regulations  heretofore  adopted  and  published  under  the 
authon  y  otthrhrrt,"  Iturfl  board  acts  of  1892, 1893, -^  If*  7  '•^-^'^  "^^^"^ 
TdSe  Ingoing  rules  and  regulations  substituted  m  hen  thereof. 

ReeomtHendatione. 

turarael"  and  the  regulations  thereunder  as  adopted  by  this  board. 

Correepondence. 
All  correspondence  relating  to  the  ext.p^«on  of  f^^^^^ 

to  the  inspector  of  fruit  peste  or  «)«  "«"^\',^'„*;j„^^^^^^^  to  the  sec 

affected.    Correspondence  relating  to  other  matters  snouiu  oe  . 

tary  of  the  board  j    ^    andkrson, 

By  command:  Secretary. 

OFFICE  OF  THE  PROViNCIAL  BOARU  OF   HonXICTULTURK, 

""  netoria,  October  4, 1894. 


I 


I  shall  be  placed 

[)ta»ainin,arter- 

clo«e«l  tightly 

liuent  for  diain- 

led. 


\be  growing  I 
edies  applied  as 
I  to  time,  BO  that 
Br  washes  of  the 


have  contained 
ir  the  removal  of 


ng  mnst  be  done 


Itiiral  board  act, 
d  of  liortioiiltnre 
to  a  penalty  not 


blished  under  the 
B  hereby  repealed 


in  advancing  and 
» withtho  provin- 
>f  the  "  Horticul- 


iild  be  addressed 
10  dintrict  may  be 
ressed  to  the  sec- 

AN0KR80N, 

Secretarif. 


No. 


.] 


89 


Promoted  tunemdmentt — Honorable  MinUter  of  Jgriaultmre. 
BILL. 

An  act  to  amend  the  "  Horticultural  board  avt,  1894." 


[180i-e6. 


Her  Majeity,  by  and  with  the  advice  and  content  of  the  legUlative  aieemhlii  of  the  I*nh 
vinee  of  British  Columbia,  enaett  aefollowt; 

Section  1.  This  act  may  be  cited  as  the  "  Hortioultnral  board  amendment  act, 
1894." 

Sec.  2.  The  electoral  districts  mentioned  in  section  2  of  the  "  Hortieoltaral  board 
act,  1804,"  are  those  existing  before  the  passing  of  the  "Legislative  electorates  and 
elections  act,  1894." 

Skc.  3.  Section  7  of  the  said  act  is  hereby  amended  by  inserting  thereiii  immedi> 
ately  before  subsection  (a)  the  following  as  clause  (2) : 

"(2)  The  power  to  make  regulations  for  inspection  shall  include  the  power  ta 
establish  and  vary  places  and  quarantine  stations  where  such  inspection  shall  be 
carried  out  and  to  make  regulations  in  regard  to  the  forwarding  thereto  and  deten- 
tion thereat  of  articles  requiring  inspection." 

Skc.  4.  Said  section  7  is  also  further  amended  by  adding  to  subsection  (a)  thereof 
the  following :  "  And  may  fix  a  scale  of  fees  to  be  taken,  for  inspection  or  other  serv- 
ice'  under  the  regulations  by  officers  carrying  out  the  ttame,  from  the  owners  or 
penous  in  possession  of  any  premises  or  property;"  and  by  inserting  in  the  first 
line  of  subsection  (6),  after  the  word  "  imposed,"  the  words  "  of  fees  authorized." 

All  constables  or  other  peace  officers  shall,  when  calleil  upon  by  any  member  of  the 
board  or  any  authorized  agent  thereof,  aid  and  assist  such  member  or  agent  in  csr- 
rying  out  the  provisions  of  this  act. 

MISSOURI. 

EuBjtOEKCY  Laws  Aoainst  the  Bocky  Modktain  Locust  or  Western  Orass- 

H07FKR. 
Ab  act  to  enoonrage  the  deatrootion  of  grassbopper*. 

Be  it  enacted  by  the  general  ansemblff  of  th«  St^te  of  Miisouri,  aefoUowi : 

Section  1.  Any  person  who  shall  gather,  or  cause  to  be  gathered  by  any  person  in 
his  employ,  eggs  of  the  Rooky  Mountain  locust  or  grasshopper,  at  any  time  after 
they  are  deposited  in  the  earth  in  the  autumn  of  any  year  and  before  they  are 
hatched  the  following  spring,  shall  be  entitled  to  a  bounty  of  five  dollars  for  each 
and  every  bushel  of  eggs  thus  gathered;  or  fur  any  quantity  less  than  one  bushel, 
bounty  at  the  same  rate,  to  be  paid  one-half  by  the  State  and  one-half  by  the  county 
in  which  they  are  gathered. 

8eo.  2.  Any  person  who  shall  gather,  collect,  and  kill,  or  cause  to  be  so  collected 
and  killed,  yonng  and  unfledged  grasshoppers  in  the  month  of  March  shall  be 
entitled  to  a  bounty  of  one  dollar  for  each  bushel,  and  for  the  month  of  April  fifty 
cents  per  bnshel,  and  for  t!ie  month  of  May  twenty-fl  ve  cents  per  bushel,  to  be  paid 
in  the  same  manner  as  in  the  preceding  section. 

Sec.  3.  Any  person  claiming  bounty  under  this  act  shall  produce  the  eggs  and 
gmashopi>ers  thus  gathered  or  killed,  as  the  case  may  bs,  before  the  clerk  of  the 
county  court  in  which  such  eggs  or  grasshoppers  were  gathered  or  killed  within 
ten  days  thereafter,  whereupon  said  clerk  shall  administer  to  such  person  the  follow- 
ing oath  or  affirmation :  You  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that 
the  eggs  (or  grasshoppers,  as  the  case  may  be)  produced  by  yon  were  taken  and 
gathered  by  you,  or  by  person  or  persons  in  your  employ,  or  under  your  control,  and 
within  this  county  and  State. 

Skc.  4.  The  clerk  shall  forthwith  destroy  such  eggs  by  burning  the  same,  and  give 
to  the  person  proving  up  the  same,  under  his  baud  and  seal,  a  certificate  setting 


i> 


40 

forth  in  a  plain  taaadwritlng,  without  interlineation,  tlio  nnionnt  of  eggs  or  gram- 
lioppers  produced  and  destroyed  by  him  and  the  name  and  rcHidence  cf  snoh  penon 
produoinyr  the  same,  which  certificate  ehall  be  in  the  following  form : 

State  ok  Midsoum,  Cmmty  of : 

This  is  to  certify  that ,  in  the  county  of .  A.  B.  did  this  day  prove  before 

me  that  he  Iiad  gathered,  or  canted  to  be  gathered, of  eggs, graaahoppera, 

and  is  entitled  to  the  sum  of dollars,  and cents. 

Given  under  my  hand  and  seal  of  my  oiBce  this  -—  day  of ,  A.  D.  18^. 

A.  B.,  C\w\c  County  Cewi. 

Which  certifloate  shall  be  received  and  taken  by  the  oollaotor  of  revenue  of  the 
county  in  which  the  same  was  given,  and  snoh  collector  shall  be  allowed  pay  ont  of 
the  county  and  State  treasury,,  one-half  from  ench. 

Sec.  5.  Such  clerk  sliall  keep  a  register  of  all  such  certificates  given  by  him,  in  a 
book  which  he  shall  keep  for  that  purpose,  in  which  he  shall  note  down  every  certifi- 
cate granted  by  him,  the  number  and  amount,  and  to  whom  granted,  and  transmit  a 
certified  copy  of  such  register,  under  seal  of  the  court,  to  the  treasurer  of  the  State, 
who  shall  not  allow  and  pay  any  certificate  which  does  not  correspond  with  such 
register. 

Src.  6.  Snch  clerk  shall  receive  for  his  services  as  aforesaid  one  dollar  for  such 
certified  copy  of  the  register,  and  the  regular  fee  for  the  certificate  and  seal,  and 
ten  cents  for  each  certificate  granted  under  this  act,  all  to  be  paid  ont  of  the  treasury 
of  his  county. 

Src.  7.  As  the  object  of  this  act  is  the  rapid  destruction  of  the  locust  the  ensuing 
spring,  it  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  23, 1877. 

KANSAS. 

An  act.  to  provide  for  the  deatraotion  of  gramhoppera,  and  to  panUh  for  yiolation  of  this  act. 

*■ 

Be  it  enacted  by  the  legulature  of  the  State  of  Kaneae: 

Srction  1.  That  the  township  trustees  of  the  different  townships,  and  the  mayors 
of  cities  which  are  not  included  in  any  township  of  any  connty  within  this  State, 
are  hereby  authorized,  and  it  is  mode  their  duty,  when  so  requested  in  writing  by 
fifteen  of  the  legal  voters  of  the  township  or  city,  to  issue  orders  to  the  road 
overseers  of  the  difTerent  rond  districts  witliin  their  respective  townships  or  cities, 
to  warn  ont  all  able-bodied  males  between  .{ihe  ages  of  twelve  and  fifty  years  within 
their  respective  districts,  for  the  purpose  of  destroying  locusts  or  migratory  insects. 

Sec.  2.  It  shall  be  the  duty  of  road  overseers,  immediately  after  receiving  said 
orders,  to  proceed  at  once  to  warn  out  all  persons  liable  under  section  1  of  this  act 
giving  notice  of  the  time  and  place  of  meeting,  and  the  tools  to  be  used,  and  the 
kind  of  work  expected  to  be  performed,  and  all  work  shall  be  done  and  performed 
under  the  direction  of  the  road  overseers. 

Src.  3.  Any  persons  over  eighteen  years  of  age,  warned  out  as  provided  in 
this  act,  may  pay  the  roa  I  overseer  the  sum  of  one  dollar  per  day  for  the  time  so 
warned  out,  and  in  case  any  persons  shall  fail,  to  perform  labor  under  this  act,  or 
paying  the  sum  of  one  dollar  when  so  warned  ont,  shall  be  adjudged  gnllty  of  a 
misdemeanor,  and  on  conviction  shall  bo  fined  the  sum  of  three  dollars  for  each  day 
so  failing  or  refusing,  and  the  moneys  so  collected  shall  be  expended  by  the  road 
overseers  in  the  destruction  of  grasshoppers  in  their  respective  road  districts. 

Src.  4.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  the  road  over- 
seer is  authorized  to  enter  upon  the  premises  of  any  person  lying  within  the  town- 
ship where  each  order  of  the  township  trustee  is  in  force  with  a  snfllcient  number  of 
hands  and  teams  to  perform  snch  labor  as  he  may  deem  necessary  for  the  public 
good. 


»a5t|,j 


egg«  or  grau- 
•noh  penon 


y  prove  before 
grsHhoppeie, 

K.  D.  18-. 
'ountf  Court. 
reveuae  of  the 
wl  pay  ont  of 

n  by  him,  ia  a 
every  oertifl- 
and  tranamit  a 
ir  of  the  State, 
ond  with  anoh 

iollar  for  such 
e  and  seal,  and 
of  the  treasury 

iBt  the  enauing 


Ion  of  this  act. 

and  the  mayora 
bin  this  State, 
1  in  writing  by 
ira  to  the  road 
nahips  or  cities, 
ty  years  within 
l^tory  insects, 
receiving  said 
on  1  of  thia  act 
» uaed,  and  the 
I  and  performed 

M  provided  in 
for  the  time  so 
der  this  act,  or 
jed  guilty  of  a 
in  for  each  day 
Bd  by  the  road 
diatricta. 
the  road  over- 
thin  the  town- 
sient  number  of 
for  the  public 


Skc.  5.  It  ahall  1»e  the  duty  of  tiie  secretary  of  the  State  Board  of  Agriculture, 
immediately  after  the  passage  of  this  act,  to  compile,  in  circular  form,  all  informa- 
tion relating  to  the  manner  and  means  heretofore  used  for  the  extermination  of 
graaahoppera,  and  aend  at  leaat  ten  ropiea  of  the  same  to  each  township  truatee  in 
the  State. 

8rc.  6.  Thia  act  ahall  take  effect  and  be  in  force  from  and  after  ita  publication 
once  in  the  Commonwealth. 

Approved  March  6, 1877. 

Au  act  providing  for  a  oonoert  of  w^tion  by  Mnatorial  (Ustriota  for  the  dMitmetlon  of  grssihoppeni. 

Bt  it  mooted  ky  tht  legitlature  of  the  State  of  Kametu : 

Srction  1.  That  in  any  senatorial  diatrict  in  the  State  of  Kanaaa  where  trouble  ia 
anticipated  fW>m  the  ravages  of  young  grasshoppera  in  the  year  1877,  and  any  subae- 
qnent  year  thereafter,  it  ahall  be  lawfkil  for  the  oountiea  in  aaid  aenatorial  diatrict 
to  cooperate  together,  in  the  way  and  manner  herein  provided,  for  the  deatruotion 
of  the  aame. 

Sbc.  2.  llie  ohairman  of  the  board  of  eonnty  vommiasionera  in  the  county  having 
the  largest  number  of  inhabitantB  in  a  senatorial  district,  where  two  or  more  counties 
form  said  district,  may  notify  the  ohairman  of  each  of  the  boards  of  county  com- 
missioners of  the  remaining  counties  in  aaid  district  of  the  time  and  place  where 
the  ohairman  of  the  several  boards  of  commissioners  of  the  respective  counties  form 
ing  said  senatorial  district  ahall  hold  a  joint  meeting. 

8kc.  3.  At  such  meeting  two  of  their  number  shall  be  chosen  to  act  as  ohairman 
and  secretary,  and  the  proceedings  of  the  meeting  shall  be  pnbliahed  in  ail  the  newa- 
papera  printed  in  the  aenatorial  district. 

Sbc.  4.  Said  meeting  shall  designate  the  manner  of  procedure  by  the  road  over- 
seers,  and  what  day  or  days  the  young  grasshoppers  should  be  driven  from  the  culti- 
vated land  on  the  unbumt  prairie  or  places  of  deatruotion,  and  ahall  alao  deaignate 
on  what  day  or  daya  the  graaahopper  ahall  be  destroyed,  by  burning  or  otherwise, 
in  said  senatorial  district,  giving  at  least  ten  daya'  notice  of  the  same  by  publishing 
in  the  newspapers  of  the  said  district. 

Skc.  5.  The  board  of  commissioners  of  each  county  shall  notify  the  road  overseers 
of  said  county  of  the  time  fixed  upon  ttj  the  joint  meeting  for  the  driving  and  burn- 
ing, or  destroying  b^  otlier  means,  of  the  graaahoppera  in  the  diatrict ;  aaid  notice  to 
be  given  to  said  overseers  as  coon  aa  practicable  after  the  aame  ahall  have  been 
deteirmined  by  the  joint  meeting. 

Sec.  6.  Said  road  overaeers  ahall  immediately  notify  the  reaidenta  of  hia  road 
diatrict  of  the  time  deaignated  and  the  manner  of  procedure,  in  order  to  carry  out 
the  proviaiona  of  this  aet.  He  shall  also  specify  what  tools  or  implements  will  be 
required  of  each  reaident  in  performing  the  labor  required  of  him,  and  anch  notice 
may  be  enforced  the  aame  aa  in  the  acta  anthorizing  road  overaeera  to  warn  out  the 
residentato  perform  road  labor;  andarefnaal  shal^  subject  such  persons  refusing 
to  the  same  penalties  as  are  provided  by  law  in  anch  caaes. 

Seo.  7.  The  road  overseers  shall  direct  the  mann«r  of  performing  the  labor,  and 
have  the  supervision  of  the  same,  and  shall  keep  a  list  of  the  names  of  those  who 
shall  perform  labor,  and  shall  certify  the  number  of  days'  work  petformed  by  each, 
and  ahall  place  anoh  certified  Hat  in  the  poaaeasion  of  the  boaM  of  county  com- 
missioners  of  his  county. 

Sec.  8.  It  shall  be  lawftil  for  two  or  more  senatorial  districts  to  cooperate  to- 
gether under  the  provisions  of  thia  act,  on  a  baaia  of  action  which  they  may  agree  upon . 

Sec.  9.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  pnblicatimi  iu 
the  Daily  Commonwealth. 

Approved  March  7, 1877. 


MINNESOTA. 


▲n  aot  to  provide  for  the  deitruotion  of  graMhoppen  and  their  egg*. 

Be  it  enacted  by  the  legiilature  of  the  State  of  Minnettota : 

Hection  1.  There  sliall  be  paid  by  tliifi  State,  out  of  any  moneys  in  the  treunry 
tiivreof  not  otherwise  appropriated,  to  uny  person  or  peiBous  living  within  any  of 
the  counties  in  said  State  atilioted  l>y  grasshoppers,  tho  following  bonnties  for  catch* 
ing  and  destroying  of  the  same,  and  the  destrnction  of  their  eggs : 

Sec.  2.  The  sum  of  one  dollar  per  bushel  for  grasshoppers  canght  previous  to  the 
25th  day  of  May  next;  the  huui  of  fifty  cents  per  bushel  from  the  said  26th  day  of 
Muy  to  the  10th  day  of  June;  the  sum  of  twenty-five  cents  per  bnshel  ftom  the  said 
10th  day  of  June  to  the  Ist  day  of  July,  and  twenty  cents  per  bushel  fh>m  the  said 
1st  day  of  July  to  the  Ist  day  of  October  next. 

Skc.  3.  There  shall  also  be  paid  !n  the  same  manner  the  sum  of  fifty  cents  per  gal- 
lon for  any  and  all  grasshopper  eggs  taken  and  destroyed  by  any  person  or  person*. 

Skc.  4.  There  shall  be  appointed  by  the  governor  a  competent  person  in  each  town- 
ship in  the  several  counties  so  afflicted  hy  grasshoppers,  who  shall  be  a  resident  of 
the  township  for  which  he  shall  be  ai)poiuted,  to  receive,  measure.  Mid  destroy  the 
grasshoppers  and  their  eggs  delivered  to  him  by  any  person  or  persons  catohing  and 
taking  the  same,  which  said  person  so  appointed  shall  take  and  subscribe  an  oath 
for  the  faithful  discharge  of  his  duties,  which  oath,  together  with  the  certificate  of 
a|tpaintment,  shall  be  filed  in  tho  office  of  the  county  auditor,  and  he  shall  receive 
as  compensation  for  his  services  such  sum  as  the  county  commissiouer  may  deter- 
mine, to  be  paid  out  of  the  funds  of  tlie  county ;  and  in  case  of  necessity,  when  he 
can  not  perform  the  duties  of  his  office,  said  measurer  shall  have  aothivity  and  be 
'ouipowered  to  appoiut  a  suitable  and  competent  person  his  assistant,  which  assist- 
ant shall  be  reiiurred  to  take  and  subscribe  the  same  oath  and  be  subject  to  the  same 
penalties  as  the  said  measurer. 

8EC.-5.  The  person  reoorving  and^easuring  the  grasshoppers  and  their  eggsasafore- 
said  shall  uioasure  and  immediately  andeffectuafly  destroy  the  same,  and  keep  an  exact 
acccMiut  of  all  the  grasshoppers  and  their  eggs  received  by  him,  and  the  names  of  the 
persons  delivering  the  same,  and  shall  issue  a  certificate  for  the  amount  of  grasshop- 
pers and  their  eggs  to  the  person  deli  veriu^'  theaame.  And  he  shall,  at  the  end  of  each 
week,  after  commoncing'to  receive  and  measure  the  same,  and  on  the  2d  day  of  J  une,  on 
the  lltu  day  of  said  month,  on  the  2d  day  of  July,  and  on  the  2d  day  of  October  next, 
make  a  report  to  the  county  auditor  of  all  the  grasshoppers  and  their  eggs  measured 
by  him,  the  number  of  certificates  issued,  and  the  names  of  the  persons  to  whom  he 
issued  the  same;  and  the  county  auditor  shall  examine  the  same  and  file  it  in  his 
office,  which  report  shall  be«ubject  to  public  inspection ;  and  the  county  auditor  shall, 
at  the  end  of  each  week,  after  he  shall  have  received  the  first  of  said  reports,  Irans- 
mit  a  copy  of  the  said  reports  to  the  governor,  who  shall,  as  soon  as  theisam  hereby 
appropriated  shall  have  been  expended  in  the  payment  of  said  bounties,  notify  all 
persons  interested  therein  of  snob  fact  by  a  publication  of  such  notice  in  some  news- 
paper printed  and  published  at  the  city  of  Saint  Paul,  in  said  State  of  Minneaota, 
for  three  successive  days. 

Sec.  6.  For  a  failure  on  the  part  of  said  measurer  to  perform  any  of  his  duties 
under  this  act,  or  of  any  mismeasurement  of  such  grasshoppers  and  their  eggs,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  be  subject  to  pay  a  fine  of  not  less 
than  tea  dollars  nor  more  than  one  hundred  dollars,  or  be  imprisoned  in  the 
county  Jail  for  a  term  of  not  less  than  thirty  nor  more  than  ninety  days,  in  a  suit  or 
proceeding  to  be  prosecuted  in  the  name-of  the  State  of  Minnesota,  in  the  same  man- 
ner as  is  providetl  by  law  in  other  oases  of  misdemeanor. 

Sec.  7.  Upon  the  presentation  of  such  certificate  to  the  county  auditor  he  shall 
issne  a  certificate  to  the  person  entitled  thereto  for  the  amount  due  him  (a  form  of 
which  c&rtificate  shall  be  furnished  by  the  State  auditor),  and  shall  make  an  order 


48 


liu  the  treMiiry 
'  within  any  of 
■ntiea  for  catoh* 

I  iireviouB  to  the 

laid  25th  day  of 

lei  from  the  aaid 

|el  from  the  taid 

ly  oenta  per  gal- 
rson  or  persona, 
on  in  each  town- 
be  a  renident  uf 
and  destroy  the 
ma  catching  and 
ibaorlbe  an  oath 
the  certificate  of 
he  shall  reoeive 
iouer  may  deter- 
cessity,  when  he 
rathority  and  be 
ut,  which  aasiat- 
ibjecttottiesame 

lieireggsasafore- 
and  keep  an  exact 
the  names  of  the 
ount  of  graashop- 
at  the  end  of  each 
2d  day  of  June,  on 
'  of  October  next, 
lir  eggs  measured 
rsona  to  whom  he 
and  file  it  in  his 
nty  auditor  shall, 
id  reports,  trans- 
s  theisnm  hereby 
unties,  notify  all 
ce  in  some  news- 
kte  of  Minneaota, 

ny  of  his  duties 
id  their  eggs,  he 
a  fine  of  not  less 
iprisoned  in  the 
days,  in  a  suit  or 
in  the  same  man- 
auditor  he  shall 
le  him  (a  form  of 
II  malce  an  order 


upon  tiie  Htate  auditor  for  the  amount  thereof,  and  the  State  auditor  shall  draw  his 
warrant  upon  the  State  treasurer  fur  thnt  amount  in  favor  of  the  parties  holding 
said  certiUcutoH,  whii-h  sliall  bo  pnid  by  thn  State  treaxurer  on  presentation ;  Pro- 
vided, That  111!  oortiflcatvs  prcHented  to  the  county  auditor  for  payment  shall  be  by 
him  filed  uud  preserved  in  IiIh  otHce,  and  lie  sliiill  present  such  vertlficatcs  to  the 
bourd  of  county  comuiisBiuuerH,  who  shall  audit  the  same  in  the  manner  now  pro- 
vided by  law  for  auditing  nccouutit  aKuinsi  counties;  and  no  money  shall  be  drawn 
from  the  State  treasury  until  such  certificates  have  been  audited  and  allowed  in  the 
manner  herein  provided.  And  that  no  nmuey  shall  bo  paid  under  the  proviHions  of 
this  act  at  any  time  prior  to  the  15th  day  of  .Inly,  A.  D.  1877,  and  that  the  money 
hereby  appropriated  shall  only  apply  to  certificates  duly  made  and  filed  with  the 
auditor  of  State  on  or  liefore  said  day ;  that  at  the  time  after  the  State  auditor 
shall  ascertain  the  total. amount  of  all  claims  and  certificates  ho  filed,  and  if  the 
.wme  shall  exceed  in  amount  the  sum  of  one  hundred  thousand  dollars,  then  the  said 
claims  shall  be  paid  pro  rata,  and  no  other  or  greater  amount  than  said  sum  of  one 
hundred  thousand  dollars  tthall  ever  be  paid  under  the  provisions  of  tliis  act:  And 
provided  further,  That  if  the  amount  horcliy  appropriatiid  is  not  Hiittlcieut  to  pay  the 
certificates  in  full,  the  balance  shall  be  paid  by  the  counties  respectively,  according 
to  the  amount  due  on  said  certificates  as  issued  by  such  county. 

Sbc.  8.  Every  male  inhabitant  of  the  several  townships  in  the  said  afflicted 
counties,  being  above  the  age  of  twenty-one  years  and  under  the  age  of  sixty  years, 
excepting  paupers,  idiots,  and  lunatics,  shall  bo  assessed  by  the  board  of  supervisors 
of  said  township  to  work  one  day  in  each  week  in  said  township  during  the  period 
hereinbefore  mentioned,  for  the  paying  of  bounties,  for  the  purpose  of  catching  and 
destroying  grasshoppers  and  their  eggs,  for  five  weeks  from  the  time  said  grass- 
hoppers shall  become  large  enough  to  bo  taken ;  and  the  amount  of  work  to  be  so 
assessed  shall  not  exceetl  five  days  in  all. 

Sbc.  9.  The  supervisors  aforesaid  shall  make  a  list  of  the  names  of  all  persons 
against  whom  said  tax  shall  have  been  assessed,  and  place  in  a  column  opposite 
each  name  on  jaid  list  the  amount  of  labor  assessed  against  such  person,  and  shall 
direct  the  town  clerk  to  make  a  certified  copy  of  each  list,  after  which  the  town 
clerk  shall  deliver  the  several  copies  to  the  respective  Averseers  of  the  highways  of 
said  townships. 

Src.  10.  The  overseers  of  highways  shall  give  at  least  two  days'  notice  to  all  per- 
sons assessed  to  work  as  aforesaid,  living  within  the  limits  of  their  respective  dis- 
tricts, of  the  time  and  places  where  and  when  they  are  to  appear  for  that  purpose, 
and  with  what  implements. 

Sec.  11.  Every  person  liable  to  work  as-  provided  for  in  tLls  act  may  commute  for 
the  same  at  the  rate  of  one  dollar  per  day,  in  which  case  such  commutation  money 
shall  lie  paid  to  the  chairman  of  the  board  of  supervisors,  to-be  applied  and  expended 
by  him  for  the  destruction  of  grasshoppera  and  their  eggs,  and  he  shall  be  authorized 
and  required  to  hire  and  engage  some  suitable  and  efficient  person  to  work  in  the 
place  of  said  person  so  commuting,  and  to  pay  him  the  sum  of  one  dollar  per  day  lot 
his  services;  and  every  person  intending  to  commute  for  his  assessment  shall, 
within  five  days  after  he  is  notified  to  appear  and  work  as  aforesaid,  pay  the  com- 
mutation money  for  the  work  required  of  him  by  said  notice,  and  the  commutation 
shall  not  be  considered  as  made  until  such  money  is  paid. 

Sec.  12.  Every  person  so  assessed  an«t  notified,  wbo  shall  wilfully  neglect  or  refhse 
to  commnte  or  work  aa  proviiled  by  this  act,  shall  be  guilty  of  a  misdemeanor,  and 
shall,  on  conviction  thereof,  bo  liable  to  pay  a  fine  of  not  less  than  two  dollars  nor 
more  than  ten  dollars,  or  by  imprisonment  in  the  county  jail  not  more  than  ten  days, 
or  both,  in  the  discretion  of  the  court,  in  a  suit  to  be  prosecuted  in  the  name  of  the 
State  of  Minnesota,  in  the  same  manner  as  is  provided  by  law  for  prosecutions  of 
misdemeanors. 


fine.  13.  There  Hhftll  be  appropriated,  out  of  any  moneyi  In  the  treaanry  of  thia 
State  nut  otherwise  appropriated,  for  the  purpose  <>f  oiirrying  out  the  provisions  of 
this  act,  the  atim  of  one  hundred  thousand  dollars. 

8kc.  14.  llie  board  of  county  comniiasioners  of  any  county  in  this  Htate  afflicted 
by  grasshoppers  shall  have  the  right,  if  in  their  Judgment  they  see  lit,  to  employ  one 
or  more  persons  in  each  township  in  said  county,  where  snuh  implement  or  mechan- 
ical contrivances  us  may  prove  most  efflcient  to  destroy  the  grusahopiten,  from  the 
first  day  of  April  to  the  first  day  of  August  in  each  year,  paying  auoh  pernons  either 
by  the  day  or  a  specified  sum  for  the  amount  captured  and  destroyed.  The  compau- 
aation  of  such  person  shall  be  paid  out  of  the  general  ftind  of  the  county:  Provided 
further,  That  parties  employed  and  paid  by  the  county  oonimissionera  shall  not 
receive  any  cthsr  or  further  compeusation  under  the  provisions  of  tliis  act. 

Sec.  16.  This  act  ahall  take  effect  and  be  in  force  fk-om  and  after  its  passage. 

Approved  March  1, 1877. 

NEBRASKA. 

An  set  t«  provide  for  the  destniotlon  of  (raHboppers. 

Whereas  the  State  of  Nebraaka  has  for  the  past  three  years  been  devaatated  by 
the  grasshoppers,  thereby  greatly  ii\]uriug  the  agricultural  and  commercial  inter- 
eata  of  the  State;  and  whereaa  these  interests  are  liable  to  be  aarioualy  damaged  in 
the  future  by  the  recurrence  of  the  pests  aforesaid ;  therefore, 

Be  it  enacted  hy  the  legielalHre  of  the  Stale  of  A'ebraika  : 

Skction.  1.  That  the  supervisors  of  each  road  diittrlct  in  this  State  shall,  at  the 
time  when  the  grasahoppera  shall  have  been  hatched  mt,  and  before  the  same  shall 
become  fhll-fledged  and  fly,  notify  each  able-bodie*'.  male  resident  of  his  district, 
between  the  ai;es  of  sixteen  and  aixty  years,  to  perfoi  m  two  days'  labor  at  anch  time 
and  at  such  place  and  in  anch  manner  aa  shall  by  s(>id  supervisors  be  deemed  most 
efflcient  in  the  destruotion  of  the  graashoppera;  aatd  notices  shall  be  given  in  the 
same  manner  as  is  provided  by  lai[  for  the  notice  tc  work  upon  public  highways. 

8kc.  2.  Cities  of  the  first  and  second  class  shall  )>e  governed  by  the  provisions  of 
this  act,  and  it  shall  be  the  duty  of  the  mayor  of  such  cities  to  appoint  not  exceed- 
ing two  supervisors  for  each  ward  to  oversee  the  labor  to  be  performed  under  the 
provisions  of  this  act. 

Sec.  3.  In  case  it  shall  appear  that  two  daya'  work  is  not  sufficient  to  destroy  the 
grasshoppers  in  any  district  or  ward,  and  it  shall  ftirther  appear  that  more  time  can 
be  profitably  employed  in  the  destruction  of  the  grasshoppers,  the  stipervisors  of 
each  ward  or  road  district  may  require  fh>m  the  persons  liable  to  the  provisions  of 
this  act  not  exceeding  ten  days'  labor  in  addition  to  the  time  hereinbefore  men- 
tioned; and  it  shall  l>e  the  duty  of  such  supervisor  to  give  to  each  person  who  shall 
have  performed  labor  under  the  provisions  of  this  section  a  receipt  for  the  number 
of  days'  labor  performed,  and  the  supervisor  shall  upon  oath  report  to  the  city  or 
county  authorities  the  names  and  amount  of  labor  performed  by  each  person. 

Sec.  4.  It  shall  be  the  duty  of  all  persons  subject  to  the  provisions  of  this  act  to 
attend  when  notified,  as  herein  provided,  and  lalrar  under  the  direction  of  the  super- 
visor of  their  respective  district  or  ward.  Any  person  who,  after  being  notified, 
shnll  refuse,  neglect,  or  fail  to  comply  with  the  provisions  of  this  act,  shall  forfeit 
and  pay  to  the  county  or  city  treasurer,  as  the  case  may  be,  the  sum  of  ten  dollars, 
together  with  costs  of  suit,  which  sum  shall  be  collected  by  suit  before  any  justice 
of  the  peace  within  the  county,  in  an  action  to  be  brought  in  the  name  of  the  city 
or  county. 

Skc.  5.  The  supervisor  shall  report,  under  oath,  to  the  city  or  county  authorities 
the  names  of  all  persons  who  shall  have  refused  or  failed  to  comply  with  the  provi- 
sions of  this  act. 

Sec.  6.  This  Iteing  a  case  of  emergency,  this  act  shall  take  effect  and  be  in  force 
fh>m  and  after  its  passage. 


Li 


'^^S,i, 


J  treasury  of  thia 
lh«  proviaioiia  of 

lia  Htut«  afflicted 
lit,  to  employ  one 
lieiit '  or  uieohan- 
[>PI>er8,  from  the 
ph  pernona  either 
The  oompeu- 
boanty:  Provided 
lionera  ahnll  not 
Ihia  art. 
Its  paaaage. 


in  devastated  by 
Dmmeroial  iuter- 
nsly  damaged  in 


tate  shall,  at  the 
re  the  same  shall 
it  of  his  district, 
tbor  at  sach  time 
I  be  deemed  most 
I  be  given  in  the 
die  highways, 
tlie  provisions  of 
point  not  exceed- 
rormed  under  the 

int  to  destroy  the 
lat  more  time  can 
le  snpervisors  of 
the  proviaions  of 
sreinbefore  men- 
person  who  shall 
t  for  the  namber 
Drt  to  the  city  or 
cb  person. 
)us  of  this  act  to 
tion  of  the  snper- 
r  being  notified, 
act,  shall  forfeit 
m  of  ten  dollars, 
)fore  any  Jostice 
lame  of  the  city 

unty  authorities 
with  the  provi- 

t  and  be  in  force 


45 


liEOISliATlON   AGAINST  POUL   BROOD. 

NKW    YOKK. 

Lawi  of  thn  8Uta  of  V«w  Turk,  |iswMd  at  lliu  nne  hiinilrad  aiMl  aixtcnnth  SMwIon  of  the  toffitlatnre. 

Volume  I,  IMKI ;   AlUoy,  p.  flTS. 

Sko.  ho.  The  prerention  of  difrawa  among  been.— Ho  person  shall  keep  in  liia  apiury 
any  colony  of  been  afl'ucte<l  with  a  routagious  malady  known  as  foul  brood,  and  every 
bee  keeper,  when  he  becomes  aware  of  the  exiHteuce  uf  such  disease  among  his  bevs 
shall  destroy  or  canoe  to  be  destroyed  forthwith  all  colonies  thiis  atfectod.  In  any 
county  any  live  or  more  actual  bee  keepi^rs  of  the  county  in  which  foul  brcNMl  esiHts 
may  present  to  the  commissioner  of  agriculture  a  petition  setting  forth  that  such 
disease  exists,  or  that  the  petitioners  have  reason  to  believe  that  it  exists,  in  such 
county,  aud  the  reasons  of  such  belief,  and  requesting  him  to  appoint  a  competent 
person  to  ]irevent  the  spread  of  such  disease  and  eradicate  the  samn. 

Upon  the  reveipt  of  such  petition  the  commissioner  of  agriculture  shall,  within 
thirty  days  thereafter,  appoint  some  well-known  and  competent  bee  keeper  of  the 
county  as  an  agent  of  the  commissioner,  who  shall  hold  his  oflQce  during  the  pleasure 
of  the  commissioner  of  agriculture,  and  who  shall  within  ten  days  after  his  appoint- 
ment file  in  the  office  of  the  county  clerk  of  the  county  an  acf^eptance  of  the  appoint- 
ment aud  constitutional  oath  of  office. 

8ci\  81.  Proceedin(i»  of  the  agent  of  the  comminiotter. — Upon  written  verified  com- 
plaint of  any  two  bee  keepers  of  the  connty  to  such  agent,  setting  forth  the  exist- 
ence of  the  disease,  or  that  they  have  good  reason  to  believe  that  it  exists  within 
the  county,  and  the  grounds  of  such  belief,  designating  the  apiary  or  apiaries 
wherein  they  believe  it  to  be,  such  agent  shall,  without  unnecessary  delay,  examine 
the  bees  so  designated.  If  satisfied  that  any  colony  or  colonies  of  such  bees  are  dis- 
eased with  foul  brood,  he  shall,  without  further  disturbance  to  the  bees,  fix  some 
designating  mark  upon  each  hive  wherein  the  disease  exists  and  immediately  notify 
the  owners  of  the  bees,  or  by  leaving  a  written  notice  at  his  pUce  ui  residence,  if 
he  bo  a  resident  of  the  county,  and  if  not,  by  leaving  the  same  with  the  person  in 
charge  of  such  bees,  requiring  him  within  five  days  flrom  the  date  of  the  notice  to 
effectually  remove  or  destroy  such  hive,  with  its  entire  contents,  by  burying  them 
or  by  fire.  The  agent  of  the  commissioner  shall  be  allowed  for  his  services  under  this 
section  two  dollars  for  each  full  day  spent  by  him  in  the  discharge  of  his  official 
duties,  which  shall  be  a  county  charge. 

UTAH. 

An  aot  for  the  protootlon  of  be«  rultnre,  aud  to  repeal  all  other  acta  and  lawa  relating  thereto. 

Section  1.  Be  it  enacted  bif  the  governor  and  legialative  a$»emblg  of  the  Territorif  of 
Utah,  That  it  shall  be  the  duty  of  the  county  court  »f  each  county  to  appoint  from 
among  the  bee  keepers  of  the  county  one  or  more  suitable  persons  as  inspectors  of 
bees. 

Sec.  2.  These  inspectors  shall  be  appointed  biennially,  viz :  On  the  first  Monday  in 
March  of  each  alternate  year,  or  at  the  first  regular  sitting  of  the  court  thereafter, 
and  shall  perform  the  duties  of  bee  inspector  for  two  years,  and  until  their  successors 
are  appointed  and  qualified.  Said  inspectors  shall  qualify  by  ta^'ng  and  subscrib- 
ing an  official  oath,  and  giving  bonds  with  sureties  to  be  appr<  ■  I  y  their  respec- 
tive county  courts  in  the  sum  of  five  hundred  dollars;  said  buuUii  to  be  filed  with 
the  clerk  of  said  courts. 

Sec.  3.  In  determining  the  fitness  of  a  person  to  fill  the  position  of  inspector,  the 
court  shall  be  guided  by  the  local  bee  keepers'  association  in  their  respective  conn- 
ties,  and  it  shall  lie  deemed  lawful  for  any  inspector,  if  he  so  desires,  to  invite  one 
or  more  persons  to  assist  him  in  prosecuting  his  inspections:  Provided,  That  no 
charge  is  made  for  thia  volontary  service. 


■  'st^ftS-.s-si'-fcr  ':<:.' 


4f 

Hkc.  4.  (t  vhiill  be  th«  duty  of  the  in«p«otor  tii  vitit  nil  the  tteen  in  hid  roniity  or 
distrirt  nt  lennt  oiioe  n  .vear,  nnd  at  any  tlrnr,  npon  the  oom)ilnlnt  of  any  bee  owner, 
that,  in  liiw  opinion,  th«<  djkoaite  known  m  foul  broo<l  exiNtn  among  the  bee*  of  any 
penon,  wlielher  owner  or  cuHtmllan.  It  ehall  lie  the  duty  of  the  in>|»ector  t«>  whom 
the  roniplaint  Im  made  to  immediately  iuHpt^ct  the  lire*  believml  to  l»e  thui  iiifeoted; 
anil  if  audi  inapector  linds  that  foul  brood  dooH  exint  iimoni;  Hui-h  Ihmw,  and  the  owuer 
d«tMireH  to  hiivtt  them  treated,  naid  iniipector  nliall  immcdiutely  take  charge  of  and 
control  thcni  nt  the  expentic  of  tho  owner  and  give  them  the  proper  treatment  for 
the  cure  of  the  diaeam*.  In  nuuh  treatment  he  nnty  destroy  auch  portiona  of  tb«  heea 
and  brood  and  of  the  hive*  and  rontenta  uh  maybe  necewMary:  Provided,  la  caae 
tint  owner  Iium  any  doubta  about  hia  bvcH  being  iufente*!,  and  object*  to  their  b«ing 
d<!Mtroyed,  an  in  thin  act  provided,  then  hiii-Ii  fact  shall  be  determined  by  arbitration, 
the  aaid  inapentor  ohooeing  one  arbitrator,  and  the  owner  of  anoh  lieea  another,  f^om 
among  the  b(>n  keepera  of  aaid  county,  whoahnll  immediately  Inapectsnch  beea,  and 
determine  whether  or  not  the  beea  ao  inspected  are  diaeaaed;  or,  when  they  cannot 
agree,  they  two  nuty  oliooae  a  third  from  among  the  bee  keepera  of  Haid  county,  and 
the  throe  shall  proceed  immediately  to  inspect  such  beea,  and  determine  wtietber  or 
not  the  bees  so  inspected  are  diseased. 

8kc.  6.  If  the  owner  or  person  in  charge  of  Itecs  infected  with  fool  brood  aball  fail 
to  make  arrangements  noeeptable  to  the  inspector  for  his  compensation,  and  the 
necessary  expenses  to  be  incurred  in  the  treatment  andonreof  the  bees  (which  shall 
in  no  ease  eiiceed  three  liollars  per  day  and  actual  expenses),  then  the  inspector 
shall  immediately  wholly  destroy  the  hives  and  bees  so  infected  by  burning  orbnry- 
ing  the  same. 

8r('.  6.  If  any  person,  by  threats  or  violence,  or  in  any  other  manner,  shall  prevent 
a  duly  appointed  l>ee  inspector  fVom  inspecting,  taking  charge  of,  treating,  or 
destroying  bees  as  provided  in  this  act,  on  conviction  thereof  before  the,  nearest 
Justice  of  the  peace  of  the  precinct  in  which  said  bees  are  kept,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shay  be  fined  in  any  sum  not  less  t'ln  $5.00,  nor  more 
than  i()25.0()  for  the  first  offense,  and  for  each  additional  offense  '  tail  be  liable  to 
a  fine  not  to  exceed  #50.00. 

Sec.  7.  To  provide  for  the  proseontion  of  the  dntier,  of  liee  ..  .kors  nnder  this 
act,  the  county  courts  are  hereby  authorisied  to  and  shall  appropriate  the  sum  of 
$8.00  per  day  and  necessary  expenses  for  the  time  that  the  inspector  is  actually 
employed  in  the  perforutance  of  his  duties  out  of  the  revenues  of  the  several  coun- 
ties :  Provided,  That  in  no  case  when  such  inspector  receives  compensation  from  the 
owuer  of  the  Itees  so  infected  for  the  care,  treatment,  or  destruction  of  the  same, 
us  in  the  act  provided,  shall  he  be  paid  by  the  several  counties  as  in  tbia  section 
specified. 

Sbc.  8.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

(The  exact  date  of  the  passage  of  this  bill  has  not  been  ascertained. 
The  copy  of  the  law  is  taken  fh)in  the  American  Bee  Journal  for  Jan- 
uary 8,  1892.— L.  O.  H.] 


In  hln  oonnty  or 
f  niiy  beo  owner, 

the  beee  of  uny 
*l>ector  to  whom 
w  thui  iufeotetl; 
en,  oud  the  owner 
;e  ohorgc  of  antl 
ler  treatment  for 
rtioDB  of  tb«  bees 
Provided,  In  ewe 
itH  to  tliolr  being 
B<1  by  arbitration, 
««a  another,  fVoin 
ict  nnch  beea,  and 
vlion  tbey  cannot 
'  said  county,  and 
rniine  whether  or 


al  brood  ehall  fall 
Busation,  and  the 
beea  ( which  Rhall 
lien  the  inspector 
r  burning  orbnry- 

iner,  shall  prevent 
fe  of,  treating,  or 
»efore  the.  nearest 
,  shall  be  deemed 
«n  $5.00,  uor  more 
lall  be  liable  to 

^iiors  nnder  this 
priate  the  sum  of 
pectoT  is  actually 
'  the  several  coiiu- 
pensation  from  the 
iction  of  the  same, 
as  in  this  section 


>nB  of  this  act  are 


sen  ascertaiued. 
Journal  for  Jau* 


Wf*"' 


